Board of Adjustment

Summary

Meeting Overview

The Urban County Board of Adjustment Planning Services Section met on August 28, 2015, at 1:30 p.m. at 200 East Main Street in Lexington, Kentucky. Barry Stumbo presided over the meeting, which included five agenda items addressing various appeals and administrative matters. The board took five motions and votes during the session and heard five public comments.

Of the five cases considered, three were approved: the Hope Center Recovery Program for Women's Conditional Use Appeal, Julie and Robert Eskridge's Variance Appeal, and Efren Alami's Administrative Review. One item—St. John's Lutheran Church, Inc.'s Conditional Use Appeal—was deferred. The Lex Properties, LLC Variance Appeal was postponed.

Attendance

Present: Barry Stumbo, Thomas Glover, Chad Needham, Branden Gross

Absent: Janice Meyer, Joan Whitman, Larry Forester

Late: None

Votes and Decisions

The board conducted five roll-call votes during this meeting, with all measures passing unanimously or being postponed as requested.

V-2015-52: Postponement of Lex Properties, LLC Variance Appeal 2:53 Motion by Thomas Glover, seconded by Branden Gross. The board voted 4-0 to postpone the variance appeal for 30 days. All four board members voted in favor: Barry Stumbo, Thomas Glover, Chad Needham, and Branden Gross.

C-2015-45: Conditional Use Permit for Hope Center Recovery Program for Women Expansion 6:18 Motion by Thomas Glover, seconded by Branden Gross. The board voted 4-0 to approve the conditional use permit. All four board members voted in favor: Barry Stumbo, Thomas Glover, Chad Needham, and Branden Gross.

The approval includes conditions that the expansion shall be done in accordance with the submitted application and site plan, allowing minor adjustments during the normal permitting process if required by the Department of Fire or the Divisions of Engineering and Traffic Engineering. All necessary permits, including a Zoning Compliance Permit, Building Permit, and Certificate of Occupancy, must be obtained from the Divisions of Planning and Building Inspection prior to construction.

C-2015-51: Continuance of St. John's Lutheran Church Conditional Use Permit Appeal 1:00:22 Motion by Thomas Glover, seconded by Chad Needham. The board voted 4-0 to continue the appeal for 30 days. All four board members voted in favor: Barry Stumbo, Thomas Glover, Chad Needham, and Branden Gross.

V-2015-53: Variance Approval for Julie and Robert Eskridge 1:52:22 Motion by Thomas Glover, seconded by Branden Gross. The board voted 4-0 to approve the variance to increase floor area to 2,729 square feet and permit a one-story two-car garage. All four board members voted in favor: Barry Stumbo, Thomas Glover, Chad Needham, and Branden Gross.

Conditions include that the addition will not be visible from the street and will not alter the essential character of the general vicinity, and that the proposed additions are within the dimensional requirements of the zone.

A2012-53: Administrative Review Findings for Efren Alami 1:59:57 Motion by Thomas Glover, seconded by Chad Needham. The board voted 4-0 to approve administrative review findings allowing Efren Alami to continue drive-through window use at a nonconforming grocery store. All four board members voted in favor: Barry Stumbo, Thomas Glover, Chad Needham, and Branden Gross.

Public Comment

Five speakers addressed the board during the public comment period, with comments focused on two primary matters: the proposed St. John's Lutheran Church expansion and a variance request for a residential home expansion.

St. John's Lutheran Church Expansion

Three speakers opposed the proposed church expansion, raising concerns about its physical and environmental impacts.

Julie Riesenweber 9:06 expressed concerns about the proposed church's height, shadow effects, and impact on property values. She highlighted concerns about a large brick wall and lack of screening, noting that the topography and proposed location would create permanent, adverse impacts on adjacent homes.

Daniel Headley 18:36 raised concerns about losing visibility and property value due to the proposed brick wall. He also noted the impact on his ability to garden in the backyard and questioned why the church could not temporarily relocate during construction.

Dennis Moore 23:02 raised concerns about parking proximity to the property line and identified a need for sound barriers due to children playing. He also questioned the stormwater drainage direction.

Eskridge Home Expansion Variance

Two speakers addressed a variance request for residential expansion, presenting opposing viewpoints.

Julie Eskridge 1:04:27 spoke in support of the variance request. She explained her family's need for additional space due to having four children and their inability to afford a larger home elsewhere. She emphasized the family's desire to remain in the neighborhood and improve the property without altering its character.

Amy Clark 1:40:21 opposed the variance request. She argued that infill regulations are designed to maintain neighborhood character and affordability. She contended that allowing a larger addition would undermine neighborhood sustainability and inappropriately increase property values.

Contested Items

The August 28, 2015 meeting included two items that generated significant discussion and disagreement among board members and the public.

St. John's Lutheran Church Expansion

The proposed expansion of St. John's Lutheran Church faced strong opposition from adjacent residents. The primary concerns centered on the building's height, the shadow it would cast on neighboring properties, its visual impact on the surrounding area, and potential effects on property values. Rather than reaching a final decision, the board voted to continue the matter for 30 days. This extension was intended to allow additional time for further discussion between the church, residents, and board members in hopes of finding a compromise solution.

Eskridge Home Expansion Variance

The board also deliberated on a variance request for an expansion of the Eskridge home. The decision presented competing priorities: the family's demonstrated need for additional living space versus the board's responsibility to uphold infill regulations designed to maintain neighborhood character and density standards. After debate on these competing interests, the board reached a compromise position. The variance request was not approved in full. Instead, the board approved a smaller addition and garage than what had been originally requested, effectively rejecting the full scope of the variance while still accommodating some of the family's expansion needs.

Lex Properties, LLC - Variance Appeal

Case Number: V-2015-52

Lex Properties, LLC requested multiple variances to modify a property in a Single Family Residential (R-1E) zone. The requested variances included:

• Permission for front yard parking
• Driveway widening
• Elimination of paving and landscaping requirements
• Reduction of setbacks

Staff Recommendation

Staff recommended disapproval of the variance request. The primary concerns centered on potential negative impacts to neighborhood character and the possibility that approving the variances could circumvent established zoning regulations designed to maintain residential area standards.

Outcome

The appeal was postponed for 30 days, allowing additional time for further consideration and discussion of the request.

Key Participant

Christopher Clendenen was identified as a key speaker during this agenda item discussion.

2:53

Hope Center Recovery Program for Women - Conditional Use Appeal

Item Identifier: C-2015-45

The Hope Center sought approval for a conditional use appeal to expand its rehabilitation home located in a Planned Neighborhood Residential (R-3) zone. 5:11

Presentation and Recommendation

Staff recommended approval of the appeal with two conditions attached to the project.

Outcome

The conditional use appeal was approved unanimously with no opposition raised during the discussion.

St. John's Lutheran Church, Inc. - Conditional Use Appeal

Case Number: C-2015-51

St. John's Lutheran Church, Inc. sought approval for a conditional use appeal to expand its facilities and operations within a Single Family Residential zone. The proposal included facility expansion, modifications to parking and play areas, and an increase in child care capacity from 30 to 70 children.

Staff Recommendation and Presentation

Staff recommended approval of the conditional use appeal, subject to five conditions designed to address potential impacts on the surrounding residential neighborhood.

Key Speakers and Discussion

The following individuals participated in the discussion: Todd Ernst, Julie Riesenweber, Daniel Headley, and Dennis Moore. 6:52

Opposition and Concerns

The appeal generated strong opposition from the community. Neighbors and residents raised concerns about the proposed expansion, though specific objections were not detailed in the available record.

Outcome

Rather than rendering a final decision, the body continued the appeal for 30 days to allow for further consideration of the matter. This deferral provided additional time to address community concerns and potentially negotiate conditions or modifications to the proposal.

Julie and Robert Eskridge - Variance Appeal

Case Number: V-2015-53

Request: Julie and Robert Eskridge appealed for a variance to increase the allowable floor area from 2,600 to 3,089 square feet to accommodate a larger garage and addition to their property.

Staff Recommendation: Staff recommended disapproval of the variance, citing a lack of special circumstances justifying the request and expressing concern about potential impacts to neighborhood character.

Key Speakers: - Julie Eskridge - Robert Eskridge - Jimmy Emmons

Board Action: 1:04:27

After hearing public testimony and discussing the proposal, the board approved a modified version of the request rather than the full variance. The approved project includes: - A 14x15 foot addition - A one-story garage

The board rejected the larger variance request that would have allowed the full 3,089 square feet of floor area.

Outcome: Approved (with modifications)

Efren Alami - Administrative Review

Case Identifier: A2009-16

Overview

The board considered an administrative review regarding a liquor store and drive-through window at a nonconforming grocery store. The board was directed to make findings consistent with a court of appeals decision on this matter. 1:54:29

Key Participants

Thomas Glover and Tracy Jones were the primary speakers on this agenda item.

Action Taken

The board approved the findings, which allowed the use to continue under existing conditions. This decision aligned with the court of appeals ruling that had been referenced in the case.

Outcome

The administrative review was approved.