Board of Adjustment

Summary

Meeting Overview

The Urban County Board of Adjustment met on June 26, 2015, at 1:30 p.m. at 200 East Main Street in Lexington, Kentucky, with Chairman Barry Stumbo presiding. The board considered 10 agenda items, including variance requests, conditional use permits, and administrative matters. Over the course of the meeting, the board took 9 motions and votes and heard 4 public comments.

The board approved six applications: a variance to reduce side yard setbacks for Alicia DeBoor and Gormon Collins; a variance for off-site parking for Spartan Pastabilities, LLC; a conditional use permit for an addition to Beaumont Presbyterian Church; a conditional use permit for First United Methodist Church; a conditional use permit for religious assembly by the Amitabha Buddhist Education Society; and a conditional use permit for nursery expansion at Crestwood Christian Church. The board also approved an appointment to the Landscape Review Committee. One application—a conditional use and variance request for a bed and breakfast operation by Ben Afshari—was postponed. Economy Home Improvement withdrew its variance appeal. The board also held an informational item recognizing board members.

Attendance

The following individuals were present at the meeting on June 26, 2015:

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

No absences or late arrivals were recorded.

Votes and Decisions

V-2015-42: Variance for Alicia DeBoor & Gormon Collins 5:19 Approval of a variance to reduce the required side yard from 3 feet to 0 feet at 2673 Red Leaf Drive. Motion by Ms. Moore, seconded by Ms. Whitman. Passed unanimously with all seven members voting in favor: Barry Stumbo, James Griggs, Janice Meyer, Joan Whitman, Thomas Glover, Kathryn Moore, and Larry Forester. Encroachment agreements from LFUCG and appropriate utility companies must be obtained and recorded at the County Clerk's office.

V-2015-43: Variance for Spartan Pastabilities, LLC 17:08 Approval of a variance to increase maximum off-site parking distance from 300 feet to 750 feet at 395 South Limestone Street. Motion by Mr. Glover, seconded by Mr. Forester. Passed unanimously with all seven members voting in favor. The applicant must provide documentation of parking agreements as a condition to issuance of an Occupancy Permit.

C-2015-36: Conditional Use Permit for Beaumont Presbyterian Church 18:41 Approval of a conditional use permit to construct an addition at 1070 Lane Allen Road. Motion by Ms. Meyer, seconded by Ms. Whitman. Passed unanimously with all seven members voting in favor. The addition must comply with the submitted application and site plan. A Zoning Compliance Permit and Building Permit must be obtained prior to construction.

C-2015-37: Conditional Use Permit for First United Methodist Church 20:47 Approval of a conditional use permit to establish a church in addition to an existing child care center at 474 Stone Road. Motion by Mr. Griggs, seconded by Ms. Meyer. Passed unanimously with all seven members voting in favor. The church must operate according to the submitted application and site plan. All necessary permits must be obtained prior to commencement. Five additional parking spaces shall be provided by the adjacent Kentucky Utilities facility.

C-2015-39: Amendment to Conditional Use Permit for Crestwood Christian Church 21:54 Approval of an amendment to build an addition expanding nursery and children's ministry areas at 1882 Bellefonte Drive. Motion by Mr. Forster, seconded by Mr. Glover. Passed unanimously with all seven members voting in favor. A Zoning Compliance Permit and Building Permit must be obtained prior to construction.

CV-2015-40: Conditional Use Permit and Variance for Ben Afshari 1:03:15 A conditional use permit and dimensional variance to operate a bed and breakfast at 4950 Jennie Kate Lane. Motion by Mr. Stumbo, seconded by Ms. Meyer. Postponed unanimously with all seven members voting in favor of postponement.

C-2015-38: Conditional Use Permit for Amitabha Buddhist Education Society of Kentucky 1:10:35 Approval of a conditional use permit to occupy an existing building for religious assembly purposes at 920 Tates Creek Road. Motion by Ms. Moore, seconded by Mr. Griggs. Passed unanimously with all seven members voting in favor. A revised site plan eliminating proposed parallel parking spaces is required. A minimum 3-foot tall screen hedge or fence must be placed along the western property line.

Approval of Janice Meyer to Landscape Review Committee 1:12:12 Approval of Janice Meyer as a member of the Landscape Review Committee. Motion by Mr. Forster, seconded by Ms. Whitman. Passed unanimously with all seven members voting in favor.

Motion to Enter Closed Session 1:12:42 Motion to go into closed session pursuant to KRS Chapter 61 to discuss pending litigation. Motion by Mr. Glover, seconded by Ms. Whitman. Passed unanimously with all seven members voting in favor.

Public Comment

Four members of the public provided comments during the meeting.

Bennett Bayer 23:37 expressed opposition to a proposed bed and breakfast on Jenny Kate Lane. He raised concerns about increased traffic, loss of privacy, and the potential for guests to walk through his property. Bayer requested that a fence be reinstalled and asked that conditions be imposed to protect his property.

Christopher Swan 1:00:31 addressed neighborhood concerns about the bed and breakfast project. He noted that an elderly neighbor does not support the proposal. However, Swan stated his belief that the issues raised can be resolved through communication with the applicant.

John Leininger 1:02:42, a neighbor, spoke in support of resolving the bed and breakfast concerns. He indicated that he initially had misconceptions about the project but now believes the issue can be worked out through dialogue with the applicant.

Amy Clark 1:04:21 raised questions about parking and site plan details for a Buddhist society project. After the applicant provided clarifications on these matters, Clark indicated her support for the project.

Appointments

Janice Meyer was appointed to the Landscape Review Committee.

Contested Items

Bed and Breakfast on Jenny Kate Lane

A proposed bed and breakfast establishment on Jenny Kate Lane generated community opposition during the meeting. Neighbors, particularly Bennett Bayer, raised concerns about the potential impacts of the business on the residential area. The specific concerns included traffic congestion, privacy issues for nearby residents, and questions about road maintenance in relation to increased use.

Rather than reaching a final decision, the Board chose to postpone action on this matter. This decision was made to allow time for the involved parties to work through their disagreements via dialogue and further discussion before a determination would be made.

Economy Home Improvement - Withdrawal of Variance Appeal

1:29

The variance appeal for Economy Home Improvement to construct a duplex at 524 Lawrence Street was withdrawn by the applicant on June 18, 2015, and was removed from the agenda prior to this meeting. No discussion or debate on this item took place during the meeting.

Alicia DeBoor & Gormon Collins - Variance to Reduce Side Yard

Case Number: V-2015-42

The Board considered a variance request from Alicia DeBoor and Gormon Collins to reduce the required side yard setback from 3 feet to 0 feet. 2:00

Key Participants: - Alicia DeBoor (applicant) - Gormon Collins (applicant) - Ms. Moore - Ms. Whitman

Proposal: The applicants sought approval to eliminate the side yard setback requirement entirely, which would remove a non-conformity on their property.

Outcome: The Board approved the variance request. The approval was based on staff recommendation and the applicants' agreement to accept conditions associated with the variance.

Spartan Pastabilities, LLC - Variance for Off-Site Parking

Identifier: V-2015-43

The Board considered a variance request from Spartan Pastabilities, LLC to increase the allowable off-site parking distance from 300 feet to 750 feet 2:31.

Key Participants

The discussion involved Board members Bruce Simpson, Greg White, Mr. Griggs, Mr. Glover, and Ms. Meyer.

Discussion and Considerations

The Board's deliberation focused on practical enforcement and logistics related to the proposed increase in off-site parking distance. Members examined how the greater distance would function operationally and what measures would be necessary to ensure compliance with the variance conditions.

Outcome

The Board approved the variance request. The approval was granted with staff conditions attached to ensure proper implementation and oversight of the off-site parking arrangement at the increased distance.

Ben Afshari - Conditional Use and Variance for Bed and Breakfast

Case Number: CV-2015-40

Overview

The Board considered a conditional use permit and variance application for a bed and breakfast operation 3:04. The discussion involved applicant Ben Afshari and Board members Bennett Bayer, Mr. Emmons, Mr. Glover, and Ms. Meyer.

Key Concerns

Community opposition to the proposal centered on several issues:

• Traffic impacts in the residential area
• Privacy concerns for neighboring properties
• Road maintenance responsibilities and costs

Outcome

The Board postponed the decision on the conditional use permit and variance. A 30-day continuance was approved to provide time for the applicant to work toward resolution with neighboring property owners and address the concerns raised during the hearing.

Beaumont Presbyterian Church - Conditional Use for Addition

Identifier: C-2015-36

Overview

The Board considered a conditional use permit request for an addition to Beaumont Presbyterian Church. 3:40

Key Participants

The discussion involved Steven White, Ms. Meyer, and Ms. Whitman.

Outcome

The Board approved the conditional use permit for the church addition. The approval included two conditions:

• A condition related to construction requirements
• A condition related to permits

Nature of Item

This was a discussion item regarding the conditional use permit application for the proposed church addition.

First United Methodist Church - Conditional Use for Church

Identifier: C-2015-37

The Board discussed and approved a conditional use permit for First United Methodist Church 4:15.

Key Speakers

The discussion involved Foster Ockerman, Mr. Griggs, and Ms. Meyer.

Outcome

The Board approved the conditional use permit for the church addition. The approval included four conditions that the applicant must satisfy.

Conditions of Approval

The conditional use permit was granted with the following requirements:

• Permit requirements must be met
• Future expansion approval will be required for any additional development

Summary

The Board determined that the conditional use permit for First United Methodist Church's addition was appropriate and granted approval, subject to the specified conditions designed to ensure compliance with applicable regulations and allow for oversight of any future expansion plans.

Amitabha Buddhist Education Society - Conditional Use for Religious Assembly

1:04:21

The Board considered a conditional use permit application for the Amitabha Buddhist Education Society to operate a religious assembly. Key speakers during the discussion included Chen Chung, Amy Clark, and Mr. Emmons.

The Board approved the conditional use permit with four conditions imposed on the applicant:

• Parking requirements
• Fencing specifications
• Lighting standards
• Additional conditions related to the operation of the religious assembly

The approval was granted contingent upon the applicant's compliance with these four conditions. The conditional use permit allows the organization to conduct religious assembly activities at the proposed location, subject to the Board's specified requirements.

Crestwood Christian Church - Conditional Use for Nursery Expansion

Identifier: C-2015-39

The Board considered an amendment to a conditional use permit for a nursery expansion at Crestwood Christian Church 4:15.

Key Speakers

The discussion involved John Carman, Mr. Forster, and Mr. Glover.

Outcome

The Board approved the amendment to the conditional use permit for the nursery expansion. The approval included two conditions:

• Permits must be obtained as required
• Construction must comply with applicable standards

Recognition of Board Members

The Board formally recognized and expressed gratitude to Kathryn Moore and James Griggs for their service. 1:14:06

Key speakers during this agenda item included Barry Stumbo and Mr. Glover, who led the recognition proceedings.

Resolutions were passed in honor of both Kathryn Moore and James Griggs, acknowledging their contributions and service to the Board. The recognition was presented as an informational item, with the Board taking formal action to express its appreciation for their work.

Appointment to Landscape Review Committee

Janice Meyer was formally appointed to the Landscape Review Committee at this meeting 1:12:12. She was selected to fill the vacancy left by James Griggs.

The appointment was discussed by Mr. Forster, Ms. Whitman, and Barry Stumbo. The committee voted to approve Meyer's appointment with unanimous support.

The appointment was approved.