Board of Adjustment

Summary

Meeting Overview

The Urban County Board of Adjustment met on November 20, 2015, at 1:30 p.m. at 200 East Main Street in Lexington, Kentucky, with Chairman Barry Stumbo presiding. The board addressed 14 agenda items during the meeting, taking 8 motions and votes and hearing 3 public comments. Key actions included approving the minutes from the previous meeting, approving variance appeals, approving administrative reviews, and approving the 2016 Meeting & Filing Schedule. The board also approved the Landscape Review Committee report and addressed a postponement or withdrawal of scheduled business. One item was deferred for later consideration as Board Items. The meeting included informational reports on attendance, transcript or witness procedures, conditional use appeals, staff holiday wishes, and the next meeting date before adjourning.

Attendance

The following individuals were present at the meeting on November 20, 2015:

• Barry Stumbo
• Thomas Glover
• Janice Meyer
• Joan Whitman
• Chad Needham
• Branden Gross
• Larry Forester
• Casey Kaucher
• Thomas Clements
• Jim Marx
• Tracy Jones
• Andrea Brown
• Bill Sallee
• Jimmy Emmons
• Tammye McMullen

No absences or late arrivals were recorded.

Votes and Decisions

Approval of Minutes from September 25, 2015 2:16 Motion by Janice Meyer, seconded by Thomas Glover. Passed unanimously 7-0. All members voted in favor: Barry Stumbo, Thomas Glover, Janice Meyer, Joan Whitman, Chad Needham, Branden Gross, and Larry Forester.

Approval of Minutes from October 30, 2015 2:50 Motion by Thomas Glover, seconded by Larry Forester. Passed unanimously 7-0. All members voted in favor: Barry Stumbo, Thomas Glover, Janice Meyer, Joan Whitman, Chad Needham, Branden Gross, and Larry Forester.

Postponement of A-2015-50: Steve Perry & Lex Properties, LLC 3:57 Motion by Thomas Glover, seconded by Branden Gross. Postponed unanimously 7-0.

V-2015-66: Urban 221, LLC Variance Appeal 17:36 Motion by Thomas Glover, seconded by Janice Meyer. Approved unanimously 7-0. This variance reduced front yard setback from 10 feet to 0 feet and ground level open space from 2% to 0% in the B-2A zone. Approval included four conditions addressing development compliance, permit requirements, setback specifications along N. Martin Luther King Boulevard and Corral Street with pedestrian sidewalk requirements, and contingent setback provisions for Wickliffe Street pending Urban County Council designation.

V-2015-67: Marc Guilfoil & Elisabeth Jensen Variance Appeal 19:43 Motion by Janice Meyer, seconded by Larry Forester. Approved unanimously 7-0. This variance reduced front yard setback from 300 feet to 100 feet in the A-R zone. Approval included three conditions requiring compliance with submitted site plan, obtaining all necessary permits including building permits, and Fayette County Health Department approval of the septic system.

A-2015-65: Andrew Moore Administrative Appeal 22:09 Motion by Larry Forester, seconded by Branden Gross. Approved unanimously 7-0. This appeal authorized a change in non-conforming use from video game repair to professional offices in the R-2/H-1 zone. Approval included two conditions requiring compliance with the submitted application and site plan, and obtaining necessary permits including Zoning Compliance Permit, Building Permit, and Certificate of Occupancy.

Adoption of 2016 Meeting and Filing Schedule 51:42 Motion by Janice Meyer, seconded by Branden Gross. Passed unanimously 7-0.

Appointment of Rory Kahly to Landscape Review Committee 52:50 Motion by Janice Meyer, seconded by Joan Whitman. Passed unanimously 7-0.

Public Comment

Three speakers addressed the board during the public comment period, focusing on conditional use permit issues related to 7524 Old Richmond Road.

Dr. Lisa Gannoe 35:39 requested a revocation hearing for a conditional use permit that has remained inactive for years. She argued that the property cannot come into compliance and should be removed from the permit system. Dr. Gannoe cited past complaints, structural concerns, and a lack of enforcement as reasons supporting revocation.

Dr. Charles Martin 41:10 addressed the same property's conditional use permit, stating that the greenhouse cannot legally come into compliance due to zoning restrictions. He argued that the original permit was flawed and called for a revocation hearing to correct what he characterized as a past error.

Mary Diane Hannah 47:14 raised a legal question about conditional use permit transfers. She questioned whether a new company could legally assume a conditional use permit without submitting a new application. Hannah emphasized that conditional uses are not transferable without re-approval.

Appointments

The following appointment was made during this meeting:

• Rory Kahly was appointed to the Landscape Review Committee.

Contested Items

Revocation of Conditional Use Permit for 7524 Old Richmond Road

A significant point of contention arose regarding the conditional use permit for the property at 7524 Old Richmond Road. Dr. Lisa Gannoe and Dr. Charles Martin expressed strong opposition to the current handling of the case. Their primary argument was that the property cannot come into compliance with existing requirements and should be removed from consideration.

Despite the doctors' vocal opposition, the Board did not reach a final decision on this matter during the meeting. Instead, the Board deferred action on the revocation until December 11, effectively postponing resolution of the dispute.

Attendance

Chairman Barry Stumbo called the meeting to order at 1:30 p.m. in the Council Chambers 0:00. All members present were listed, along with staff and other attendees.

Approval of Minutes

2:16

The board approved the minutes from two previous meetings: September 25, 2015 and October 30, 2015.

Janice Meyer moved to approve the September 25, 2015 minutes, with a second from Thomas Glover. The motion passed unanimously.

Thomas Glover moved to approve the October 30, 2015 minutes, with a second from Larry Forester. This motion also passed unanimously.

Postponement or Withdrawal of Scheduled Business

3:57

A motion was made to postpone agenda item A-2015-50 concerning Steve Perry & Lex Properties, LLC to the December 11, 2015 meeting. The motion was seconded and carried unanimously.

Key participants in this discussion included Jacob Walbourn, Thomas Glover, and Branden Gross.

The scheduled business item was postponed without objection, with all members voting in favor of the deferral to the next scheduled meeting in December.

No Discussion Items

4:32

The Board proceeded with abbreviated hearings for cases V-2015-66 and V-2015-67. Jacob Walbourn and Jimmy Emmons were the key speakers during this portion of the meeting.

The Board confirmed staff recommendations for both cases and noted applicant agreement with the proposed outcomes. No opposition was raised regarding either matter, which allowed the Board to move forward with abbreviated proceedings rather than full hearings.

Both cases V-2015-66 and V-2015-67 were approved.

Transcript or Witnesses

4:32

The Chair, Barry Stumbo, presented information regarding the procedural rights available to applicants and objectors during the meeting proceedings.

Key Points Announced:

• Applicants and objectors are entitled to have a transcript prepared at their own expense
• Applicants and objectors are entitled to have witnesses sworn

Outcome:

This was an informational presentation regarding procedural rights and options available to participants in the meeting process.

Variance Appeals

The Board considered two variance appeals during this agenda item. 5:36

Urban 221, LLC Appeal

The Board reviewed a variance appeal from Urban 221, LLC requesting a reduction in front yard and open space requirements for a property in a downtown business zone. Key speakers on this matter included Jacob Walbourn, Jimmy Emmons, Barry Stumbo, Thomas Glover, Branden Gross, and Joan Whitman.

Marc Guilfoil & Elisabeth Jensen Appeal

The Board also considered a variance appeal from Marc Guilfoil and Elisabeth Jensen seeking a reduction in front yard requirements for a property in an agricultural zone.

Outcome

Both variance appeals were approved with conditions. The Board's decision to grant the variances with conditions indicates that while the applicants' requests to reduce certain zoning requirements were accepted, specific conditions were imposed to address Board concerns and ensure compliance with applicable regulations.

Conditional Use Appeals

5:36

No conditional use appeals were pending at the time of this meeting. This agenda item was presented for informational purposes only.

Administrative Reviews

During the Administrative Reviews portion of the meeting, two cases were addressed by Jacob Walbourn, Jimmy Emmons, and Andrew Moore.

Case A-2015-50

This case was postponed and did not proceed to a decision at this time.

Case A-2015-65

Case A-2015-65 was approved with conditions. The approval followed the applicant's agreement to the proposed conditions and a recommendation from staff in favor of approval. 5:36

Board Items

Mr. Marx provided an update on the 7524 Old Richmond Road conditional use case 24:05.

Dr. Lisa Gannoe and Dr. Charles Martin spoke in opposition to revocation of the conditional use permit. However, the Board declined to take action on the matter at this time, deferring the decision to a future meeting.

The outcome of this agenda item was deferred.

Landscape Review Committee

The committee addressed the expiration of Ms. Karen Angelucci's term on the Landscape Review Committee, which was set to expire on November 30. 52:13

Key Speakers - Bill Sallee - Janice Meyer

Action Mr. Rory Kahly has agreed to serve as Ms. Angelucci's replacement on the committee.

Outcome The appointment was approved.

2016 Meeting & Filing Schedule

The draft 2016 Meeting and Filing Schedule was presented to the board for consideration 51:42. Bill Sallee presented the schedule to the assembled members.

Following the presentation, Janice Meyer moved to adopt the 2016 Meeting and Filing Schedule, and Branden Gross seconded the motion. The schedule was subsequently approved by the board.

Staff Holiday Wishes

During this agenda item, staff members extended holiday greetings to the Board. Bill Sallee, Jimmy Emmons, and Tammye McMullen wished the Board a safe and happy Thanksgiving holiday. 53:24

This was an informational presentation with no action items or decisions required.

Next Meeting Date

The next meeting was announced to be held on Friday, December 11, 2015. 54:04

Barry Stumbo provided this informational announcement to the body.

Adjournment

The meeting was adjourned by Barry Stumbo after all business had been completed 54:04.