Board of Adjustment

Summary

Meeting Overview

The Urban County Board of Adjustment met on December 11, 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, including approval of minutes, conditional use appeals, an administrative review, and various informational updates. The board took 8 motions and votes and heard 5 public comments. Among the outcomes, the board approved the conditional use appeals for Tony & Lisa Hodges and YMCA of Central Kentucky LLC, while postponing the conditional use appeal for Roman Catholic Diocese of Lexington and the administrative review for Steve Perry & Lex Properties, LLC. One scheduled item was postponed, and a board update regarding 7524 Old Richmond Road was deferred.

Attendance

The following individuals were present at the meeting on December 11, 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

The Board took the following actions on December 11, 2015:

Approval of November 20, 2015 Minutes 1:59 Motion by Mr. Gross, seconded by Ms. Meyer. The minutes were approved unanimously.

C-2015-71: Roman Catholic Diocese of Lexington Conditional Use Permit Appeal 5:17 Motion by Mr. Glover, seconded by Ms. Meyer. The conditional use permit appeal for constructing access to Toronto Road was postponed unanimously.

A-2015-60: Zoning Enforcement Administrative Appeal 11:44 Motion by Mr. Needham, seconded by Ms. Whitman. The third-party administrative appeal regarding as-built survey compliance was postponed unanimously.

V-2015-72: Stringer Variance 13:25 Motion by Mr. Needham, seconded by Mr. Forester. The variance for Jeff & Jenny Stringer to reduce side yard from 25 feet to 1.5 feet for a detached accessory garage in an A-U zone was approved unanimously. Conditions include development in accordance with the submitted site plan and obtaining all necessary permits, including a building permit for the garage, prior to construction.

V-2015-73: Green Lantern Farm Variance 15:33 Motion by Mr. Glover, seconded by Mr. Forester. The variance for Green Lantern Farm, LLC to reduce front yard from 300 feet to 75 feet for tenant homes in an A-R zone was approved unanimously. Conditions require development according to the submitted site plan and obtaining all necessary permits prior to construction.

V-2015-74: Salyers Fence Variance 16:41 Motion by Ms. Meyer, seconded by Mr. Needham. The variance for Berkley Salyers to increase front yard fence height from 4 feet to 4'8" in an R-2 zone was approved unanimously. The applicant must obtain a fence permit.

CV-2015-69: Hodges Nightclub Conditional Use Permit and Variance 18:49 Motion by Mr. Forster, seconded by Ms. Whitman. The conditional use permit for Tony & Lisa Hodges to operate a nightclub with live entertainment and variance to reduce distance from residential zone from 100 feet to 65 feet in a B-1 zone was approved unanimously. Conditions include obtaining a Zoning Compliance Permit and Certificate of Occupancy, prohibiting outdoor speakers, limiting live entertainment hours to end no later than 2:30 am, and requiring sound-proofing to the maximum extent feasible.

C-2015-70: YMCA of Central Kentucky Conditional Use Permit 1:02:13 Motion by Mr. Glover, seconded by Mr. Gross. The conditional use permit for YMCA of Central Kentucky LLC to develop and use property as part of an adjoining YMCA in an R-3 zone was approved unanimously. Conditions include obtaining necessary permits, installing an evergreen screen adjacent to residential properties, constructing a sidewalk along Pascoli Place, and allowing up to three years to exercise the permit.

Public Comment

Five speakers addressed the meeting with concerns about various permits and projects.

Roman Catholic Diocese Access Permit

Ron Winfield 6:27 expressed concern that the notification letter failed to disclose access to an assisted living facility, which he identified as the main reason for the permit request. He requested a postponement to allow neighbors to be properly informed.

YMCA Fields Traffic and Safety

Rudy Lesshafft 27:16 raised concerns about increased traffic on Pascoli Place resulting from the YMCA's rear entrance. He cited potential danger to children crossing the area and expressed fear of drug activity associated with pavilions, referencing crime data from nearby areas.

Pascoli Place Parking Safety

Donna Ensminger 31:21 expressed concern that parking on Pascoli Place would endanger children, particularly when parents are distracted. She requested that parking be prohibited to ensure safety.

Greenhouse Project Safety and Transparency

Dr. Lisa Gonneau 1:09:37 raised concerns about the safety of an unpermitted greenhouse structure and cited lack of transparency in the permitting process. She noted the absence of records for contractors and utilities and called for a revocation hearing.

MICA Group Compliance

Charles Martin 1:15:50 stated that the MICA group failed to meet the December 1, 2015 deadline and has not operated in good faith. He questioned the legitimacy of the conditional use permit.

Contested Items

The December 11, 2015 meeting included three contested items that generated significant discussion and disagreement among participants.

Roman Catholic Diocese Access Permit

Neighbors opposed a permit for the Roman Catholic Diocese, citing concerns about transparency in the notification process. The primary issue was that the notice failed to disclose access to an assisted living facility associated with the project. Community members requested postponement of the decision to allow for proper notification and review. The disagreement centered on whether adequate disclosure had been made to affected neighbors and whether the approval process had followed proper transparency standards.

YMCA of Central Kentucky LLC Fields

This item prompted a heated discussion with multiple neighbors raising substantial concerns about the proposed project's impacts. Speakers detailed worries regarding traffic congestion, public safety, parking availability, noise levels, and potential criminal activity. The public comment period was lengthy and detailed, with numerous speakers presenting their concerns. Board members engaged in extended questioning about these issues, indicating the contentious nature of the proposal and the community's significant opposition to the project as presented.

Revocation Hearing for 7524 Old Richmond Road

A procedural dispute emerged regarding a conditional use permit for this property. The disagreement centered on whether the conditional use permit remained valid and whether a revocation hearing was the appropriate legal mechanism to address the situation. Dr. Gonneau and staff raised legal and procedural questions about the validity of the permit and the proper course of action, indicating uncertainty about the technical and legal grounds for proceeding with the revocation hearing.

ATTENDANCE

Chairman Barry Stumbo called the meeting to order at 1:30 p.m. in the Council Chambers. 0:00

Members Present: - Barry Stumbo - Thomas Glover - Janice Meyer - Joan Whitman - Chad Needham - Branden Gross - Larry Forester

Staff and other officials were also present at the meeting.

APPROVAL OF MINUTES

The minutes from the November 20, 2015 meeting were presented for approval. 1:59

Mr. Gross moved to approve the minutes, and Ms. Meyer seconded the motion. The minutes were approved unanimously.

Postponement or Withdrawal of Scheduled Business

5:17

The Board considered requests for postponement or withdrawal of scheduled business items. Mr. Emmons reported that applicant Berkley Salyers was unable to attend due to a medical appointment. Staff recommended approval of the postponement request.

The Board unanimously voted to postpone case C-2015-71 concerning the Roman Catholic Diocese. Mr. Winfield and Father Nick Pagano were present during this discussion. The postponement was granted due to concerns about notice and opposition related to the matter.

No Discussion Items

12:52

The Board proceeded with abbreviated hearings for four cases where staff recommended approval, the appellant agreed with the recommendation, and no objections were raised. All four cases were approved unanimously.

The following individuals participated in this agenda item: Mr. Needham, Mr. Forester, Mr. Glover, Ms. Meyer, Mr. Walbourn, Mr. Hodges, Mr. Todd, and David Martorano.

Outcome: All four cases were approved unanimously.

Transcript or Witnesses

2:31

Chairman Stumbo provided an informational announcement regarding the procedural rights available to applicants and objectors during the meeting. He announced that both applicants and objectors are entitled to have a transcript prepared of the proceedings and are entitled to have witnesses sworn.

This announcement served to inform all parties present of their formal rights and available procedures for the meeting process.

Variance Appeals

The Board reviewed the statutory requirements governing variance appeals under Kentucky Revised Statute (KRS) 100.243. Chairman Stumbo led this discussion, which focused on the legal framework that must be applied when considering variance requests. 2:31

The Board examined the specific findings required by statute for variance appeals, which include:

• Public health considerations
• Public safety considerations
• Character of the vicinity
• Hardship determinations

No variance appeals remained pending for discussion or action at this meeting. The agenda item was presented as informational in nature, serving to ensure the Board's understanding of the applicable statutory requirements rather than to address any active cases.

The outcome of this agenda item was informational only.

Conditional Use Appeal: Tony & Lisa Hodges

17:43

The Board considered a conditional use appeal submitted by Tony and Lisa Hodges. The application requested approval for a nightclub with live entertainment and a dimensional variance to reduce the required distance from a residential zone from 100 feet to 65 feet.

Key speakers during the discussion included Mr. Hodges, Mr. Forster, and Ms. Whitman, who presented and discussed various aspects of the proposal.

The Board approved the conditional use permit, allowing the nightclub with live entertainment to proceed. The approval included a dimensional variance that would permit the establishment to operate at a reduced setback distance of 65 feet from the residential zone, rather than the standard 100-foot requirement.

The approval was granted subject to six conditions that the applicants must satisfy. These conditions were established to address concerns and ensure compliance with local regulations and community standards.

Conditional Use Appeal: YMCA of Central Kentucky LLC

1:01:39

The Board considered a conditional use appeal for YMCA of Central Kentucky LLC regarding the development of outdoor sports fields. Key speakers in the discussion included Mr. Todd, David Martorano, Rudy Lesshafft, Donna Ensminger, Charles Martin, and Dr. Lisa Gonneau.

The Board approved the conditional use permit, subject to seven conditions designed to regulate the project's implementation and impact:

• A three-year window to exercise the permit
• Screening requirements
• Sidewalk construction

The conditional use permit allows the YMCA to proceed with developing outdoor sports fields at the proposed location, contingent upon meeting all specified conditions.

Outcome: The conditional use appeal was approved.

Conditional Use Appeal: Roman Catholic Diocese of Lexington

5:17

The Board considered a conditional use appeal submitted by the Roman Catholic Diocese of Lexington. Key speakers during this agenda item included Father Nick Pagano, Mr. Winfield, and Mr. Emmons.

The Board postponed consideration of the appeal rather than proceeding with a decision at this meeting. The postponement was driven by concerns regarding inadequate notice to affected parties. Additionally, opposition from neighbors to the proposed conditional use was noted as a factor in the Board's decision.

The applicant, represented by Father Nick Pagano, requested the postponement. The Board agreed to grant this request and scheduled reconsideration of the appeal for the January 29, 2016 meeting, allowing additional time to address notice requirements and neighbor concerns before the matter would be revisited.

Administrative Review: Steve Perry & Lex Properties, LLC

11:44

The Board addressed a third-party administrative appeal concerning as-built survey compliance for Steve Perry & Lex Properties, LLC. Key participants in the discussion included Mr. Walbourn, Mr. Needham, and Ms. Whitman.

The matter involved a request for postponement of the administrative review. A one-month delay was requested to allow time to resolve the underlying compliance issue related to the as-built survey.

The Board voted to postpone the administrative review, granting the requested delay to permit resolution of the matter outside of the formal hearing process.

Board Item: Update on 7524 Old Richmond Road

Zoning Enforcement provided an update on the property at 7524 Old Richmond Road 1:04:10. The presentation addressed ongoing issues at the property and actions taken to resolve them.

Key Speakers

The discussion involved Mr. Marks, Dr. Gonneau, Charles Martin, and Ms. Jones.

Presentation and Issues Addressed

Zoning Enforcement reported that the MICA group has taken steps to address multiple concerns at the property, including:

• Stormwater management issues
• Structural problems
• Access-related concerns

Board Decision

The Board decided not to hold a revocation hearing at this time. Instead, the Board chose to continue monitoring the property's progress and requested a follow-up update at the January 29, 2016 meeting.

Outcome

This agenda item was deferred, allowing for continued oversight of the property's compliance and remediation efforts.

Staff Items

1:34:53

Staff members Bill Sallee, Jimmy Emmons, and Tammye McMullen presented this informational item to the Board.

The staff wished the Board and their families a safe and happy holiday season.

Next Meeting Date

Mr. Glover announced that the next meeting is scheduled for January 29, 2016. 1:35:28

This agenda item was presented as informational in nature, with no debate or concerns raised during the discussion.

Adjournment

The meeting was adjourned by Chairman Stumbo after all business had been completed. 1:35:28