Board of Adjustment

Summary

Meeting Overview

The County Board of Adjustment Planning Services Section convened on July 31, 2015, at 1:30 p.m. in the Council Chambers at 200 East Main Street, Lexington, KY, with Barry Stumbo presiding as the meeting officer. The board addressed six agenda items during the session, all of which resulted in approvals for the applicants seeking various permits and variances.

The meeting focused primarily on conditional use permits and variance requests from multiple parties. The board considered applications from Lawrence Lot, LLC for a variance appeal, Marc T. Mason for a conditional use permit, Anderson Trail Side Townhomes, LLC for two separate conditional use permits (one for child care facilities and another for a neighborhood clubhouse), Michael Vanhooser for a conditional use permit, and Lexmark International, Inc. for an administrative review. All six matters brought before the board were ultimately approved.

Throughout the proceedings, the board conducted nine separate motions and votes to address the various applications and procedural matters. The meeting also included one public comment period, allowing community input on the items under consideration. The session demonstrated the board's role in reviewing and approving development-related requests while maintaining opportunities for public participation in the decision-making process.

Attendance

The following members were present at the July 31, 2015 meeting:

• Barry Stumbo
• Chad Needham
• Branden Gross
• Joan Whitman
• Larry Forester

Two members were absent from the meeting:

• Thomas Glover
• Janice Meyer

No members arrived late to the meeting.

Votes and Decisions

The board conducted nine votes during the July 31, 2015 meeting, beginning with approval of previous meeting minutes and proceeding through several land use applications.

Meeting Minutes Approval Larry Forester motioned to approve the minutes from the May 29, 2015 meeting, seconded by Joan Whitman. The motion passed by voice vote with 3 ayes, 0 nays, and 2 abstentions. Barry Stumbo, Joan Whitman, and Larry Forester voted in favor. A similar motion by Forester and second by Whitman approved the June 26, 2015 meeting minutes with identical vote counts.

Case Postponement The board voted to postpone case C-2015-45, the Hope Center Recovery Program for Women appeal. Branden Gross motioned for postponement, seconded by Larry Forester. The motion passed unanimously with 4 ayes from Barry Stumbo, Chad Needham, Branden Gross, and Larry Forester.

Approved Applications Five applications received unanimous approval with 5-0 votes:

• V-2015-50: Variance for increased front yard fence height, motioned by Larry Forester and seconded by Joan Whitman, approved with three development conditions.

• C-2015-44: Conditional use permit for home engraving business, motioned by Forester and seconded by Whitman, approved with three operational conditions.

• C-2015-47: Conditional use permit for child care center construction and operation, motioned by Forester and seconded by Whitman, approved with six facility-specific conditions.

• C-2015-48: Conditional use permit for neighborhood clubhouse facility, motioned by Joan Whitman and seconded by Forester, approved with four conditions including membership limitations.

• C-2015-49: Conditional use permit for indoor recreational facility, motioned by Forester and seconded by Whitman, approved with five conditions including parking requirements.

• A-2015-41: Administrative review for signage transfer, motioned by Whitman and seconded by Forester, approved with two permit-related conditions.

All voting members Barry Stumbo, Chad Needham, Branden Gross, Joan Whitman, and Larry Forester participated in the unanimous approvals.

Public Comment

One member of the public addressed the board during the public comment period.

Marc Robinson spoke in opposition to a proposed child care center. Mr. Robinson expressed concerns about the potential impact on the neighborhood, specifically citing increased traffic and the loss of greenspace as his primary objections to the project.

No transcript timestamps were available for this portion of the meeting.

Contested Items

The primary contested item at this meeting was a Conditional Use Permit application for Living Learning Center, LLC, which sought approval to operate a fraternity facility.

Community Opposition

The application faced significant opposition from community members who attended the meeting to voice their concerns about the proposed fraternity operation. The nature of their specific objections was not detailed in the available materials, but the opposition was substantial enough to influence the proceedings.

Postponement Request

Due to the community opposition and concerns raised, there was a request to postpone consideration of the conditional use permit. This suggests that either the applicant, community members, or board members felt that additional time was needed to address the issues that had been raised or to allow for further community input and discussion.

Outcome

The available materials indicate that the conditional use permit for Living Learning Center, LLC was indeed postponed rather than decided at this meeting. This postponement would allow additional time for the applicant to potentially address community concerns, for further public input to be gathered, or for staff to conduct additional review of the application.

The case demonstrates the impact that organized community opposition can have on development proposals, particularly those involving uses that may be perceived as potentially disruptive to neighborhood character, such as fraternity operations. The decision to postpone rather than proceed with a vote suggests the governing body recognized the need for additional consideration of the community's concerns before making a final determination on the permit application.

Variance Appeal for Lawrence Lot, LLC

The board considered variance application V-2015-50 submitted by Lawrence Lot, LLC requesting permission to increase the maximum allowable height of a front yard fence from the standard 4 feet to 6 feet.

Jacob Walbourn served as a key speaker during the discussion of this variance request. The application sought relief from existing zoning regulations that typically limit front yard fence heights to maintain neighborhood aesthetics and sight line safety.

Staff had reviewed the proposal and recommended approval of the variance, though their recommendation included specific conditions that would need to be met as part of any approval. The details of these recommended conditions were not specified in the available materials.

The variance request represents a 50% increase over the standard fence height allowance, suggesting the applicant had specific needs or circumstances that warranted consideration for the additional height. Such requests typically require demonstration of hardship or unique property conditions that justify deviation from standard zoning requirements.

Following discussion of the application, the board voted to approve the variance request. The approval allows Lawrence Lot, LLC to proceed with installing a 6-foot front yard fence, subject to any conditions that were established by staff recommendation and adopted by the board as part of the approval.

The successful outcome indicates the board found sufficient justification for granting the height variance despite the deviation from standard zoning requirements for front yard fencing in the area.

Conditional Use Permit for Marc T. Mason

The commission reviewed agenda item C-2015-44, a conditional use permit application submitted by Marc T. Mason to establish a home occupation for engraving services within a Single Family Residential zone.

Application Details: • Applicant: Marc T. Mason • Requested use: Home occupation (engraving business) • Zoning: Single Family Residential • Staff recommendation: Approval with conditions

Marc Mason spoke on behalf of his application during the public hearing portion of the meeting. The proposed home occupation would allow him to operate an engraving business from his residential property, which requires a conditional use permit under the current zoning regulations.

Staff analysis determined that the proposed home occupation met the necessary criteria for approval in a residential zone, provided certain operational conditions were implemented to ensure compatibility with the surrounding neighborhood character and minimize potential impacts on adjacent properties.

The planning staff recommended approval of the conditional use permit, indicating that the proposed engraving business would comply with home occupation standards and would not adversely affect the residential nature of the area when operated under the specified conditions.

Following presentation of the staff report and public testimony from the applicant, the commission deliberated on the merits of the application. The commission ultimately approved the conditional use permit for Marc T. Mason's home-based engraving business.

The approval allows Mason to proceed with establishing his engraving operation as a home occupation, subject to compliance with the conditions outlined in the staff report and any additional requirements specified by the commission during their deliberation.

*Note: Specific transcript timestamps are not available for this agenda item.*

Conditional Use Permit for Anderson Trail Side Townhomes, LLC (Child Care)

The council considered agenda item C-2015-47, a conditional use permit application from Anderson Trail Side Townhomes, LLC to construct and operate a child care center.

Key speakers during the discussion included Jon Strom and Marc Robinson, who presented information regarding the proposed child care facility. The application represented an appeal for the conditional use permit, indicating there had been prior review of the proposal.

Staff provided a recommendation for approval of the conditional use permit, though specific conditions were attached to the recommendation. The details of these conditions and the specific concerns that prompted them were not specified in the available materials.

The council ultimately approved the conditional use permit for Anderson Trail Side Townhomes, LLC, allowing the applicant to proceed with their plans to construct and operate the child care center under the conditions established by staff.

*Note: Specific transcript timestamps are not available for this agenda item.*

Conditional Use Permit for Anderson Trail Side Townhomes, LLC (Neighborhood Club

The council considered agenda item C-2015-48, a conditional use permit application from Anderson Trail Side Townhomes, LLC to construct a neighborhood clubhouse facility.

Jon Strom spoke regarding this agenda item, though the specific details of his presentation were not captured in the available meeting materials.

Staff had reviewed the application and recommended approval of the conditional use permit with conditions, though the specific conditions were not detailed in the extracted information.

The council ultimately approved the conditional use permit for the neighborhood clubhouse facility.

*Note: Transcript timestamps are not available for this agenda item. The summary is based on limited extracted data from the meeting materials.*

Conditional Use Permit for Michael Vanhooser

The board considered agenda item C-2015-49, a conditional use permit application submitted by Michael Vanhooser to operate an indoor recreational facility.

Mike Vanhooser presented his request to the board as the applicant. Staff had reviewed the proposal and recommended approval of the conditional use permit, subject to specific conditions.

The application sought permission to establish and operate an indoor recreational facility, which would require conditional use approval under the local zoning ordinance. Staff analysis determined that the proposed use would be compatible with the surrounding area when operated under appropriate conditions.

Following the presentation and any discussion, the board voted to approve the conditional use permit for Michael Vanhooser's indoor recreational facility. The approval included the conditions recommended by staff to ensure the facility operates in compliance with local regulations and maintains compatibility with the neighborhood.

The approved permit allows Vanhooser to move forward with establishing the indoor recreational facility as proposed, provided he adheres to all specified conditions of approval.

Administrative Review for Lexmark Int'l., Inc.

The board considered agenda item A-2015-41, an administrative review request from Lexmark Int'l., Inc. to transfer 42 square feet of unused wall signage to a free standing sign.

Nick Nicholson presented the item to the board. Lexmark International had submitted a request to reallocate signage square footage from wall-mounted signage that was not being utilized to create a new free standing sign on their property. The transfer involved exactly 42 square feet of signage area.

Staff had reviewed the application and recommended approval of the administrative review, subject to certain conditions. The specific conditions attached to the staff recommendation were not detailed in the available materials, but the review followed standard administrative procedures for signage modifications.

The board approved the administrative review request as presented by staff. This approval allows Lexmark Int'l., Inc. to proceed with removing the unused wall signage and installing the new free standing sign, provided they comply with the conditions established by staff during their review process.

The administrative review process enables property owners to make modifications to existing signage arrangements without requiring a full rezoning or special permit process, streamlining approvals for routine signage changes that comply with zoning requirements.