Board of Adjustment

Summary

Meeting Overview

The Urban County Board of Adjustment Planning Services Section met on March 25, 2016, at 1:30 p.m. at 200 East Main Street in Lexington, Kentucky, with Barry Stumbo presiding. The board considered six agenda items involving variances, conditional use permits, and site plan amendments. During the meeting, the board took six motions and votes, heard 15 public comments, and made decisions on all six items presented. Four of the requests were approved: Bradley Day's variance to allow a porch to project 9 feet instead of 8 feet into the front yard in an R-1C zone; Transylvania University, Inc.'s request to amend a site plan for a conditional use in an R-4 zone; Jason Elsea's conditional use permit for a cocktail lounge in a B-1 zone; and Ironworks Farm, LLC's conditional use and variance for an agricultural market in an A-R zone. Two items were postponed: the variance request from Jim & Mollie Sawyer to reduce side setback from 25 feet to 8 feet in an A-R zone, and the conditional use and variance request from Republic Services of Kentucky, LLC for a transfer station in an I-2 zone.

Attendance

The following individuals were present at the meeting on March 25, 2016:

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

No absences or late arrivals were recorded.

Votes and Decisions

V-2016-3: Postponement of Jim & Mollie Sawyer's Variance Request 2:48 Motion by Larry Forester, seconded by Joan Whitman. The request to reduce side setback from 25 feet to 8 feet in an A-R zone was postponed by unanimous vote. All seven board members voted in favor: Barry Stumbo, Thomas Glover, Joan Whitman, Chad Needham, Larry Forester, Jan Meyer, and Branden Gross.

CV-2016-6: Postponement of Republic Services of Kentucky, LLC's Request 3:54 Motion by Jan Meyer, seconded by Thomas Glover. The conditional use and variance request for a transfer station in an I-2 zone was postponed by unanimous vote. All seven board members voted in favor.

V-2016-10: Approval of Bradley Day's Variance 7:17 Motion by Chad Needham, seconded by Larry Forester. The variance to allow a porch to project 9 feet instead of 8 feet into the front yard in an R-1C zone was approved by unanimous vote. All seven board members voted in favor. The approval includes three conditions: the applicant must apply for a building permit within 30 days; plant bushes, shrubs, or equivalent vegetation adjacent to the porch within 3 months; and remove stored construction materials from under the porch with no future storage permitted there.

C-2016-7: Approval of Transylvania University's Site Plan Amendment 9:27 Motion by Chad Needham, seconded by Thomas Glover. The request to amend a currently approved site plan for a conditional use in an R-4 zone was approved by unanimous vote. All seven board members voted in favor. The approval includes four conditions addressing development compliance, permit requirements, architectural review for the property at 331 N. Broadway, and a three-year permit exercise period with an additional five-year phasing allowance.

C-2016-9: Approval of Jason Elsea's Cocktail Lounge Conditional Use Permit 12:55 Motion by Thomas Glover, seconded by Branden Gross. The request for a conditional use permit to open a cocktail lounge in a B-1 zone was approved by unanimous vote. All seven board members voted in favor. The approval includes five conditions prohibiting live entertainment and outdoor televisions or speakers, requiring permits and compliance documentation, and specifying operational requirements.

CV-2016-8: Approval of Ironworks Farm, LLC's Agricultural Market 38:43 Motion by Larry Forester, seconded by Joan Whitman. The conditional use permit to construct and operate an agricultural market and variance to reduce setback from 1,000 feet to 850 feet in an A-R zone was approved by unanimous vote. All seven board members voted in favor. The approval includes nine conditions addressing site development compliance, required permits, traffic improvements to Iron Works Pike, storm water management, wastewater disposal, and annual compliance review.

Public Comment

The meeting included public comments from fifteen speakers addressing environmental concerns, economic impacts, and project support.

Environmental and Water Quality Concerns

J.R. Williamson raised concerns about water contamination from the proposed site, questioning whether impervious parking lots should include retention ponds and filters to protect drinking water 1:50:49. Danny Burkhead opposed the project due to concerns about wells potentially draining into the aquifer and requested that the wellhead protection committee check local wells 1:55:06. Charlie Dannem questioned the accuracy of the Royal Springs Aquifer boundary line and urged a new in-depth survey to determine its location 1:37. Tom Dugan suggested that current aquifer delineation may be outdated and recommended using modern geophysical methods like electric resistivity to better map subsurface flow 2:34:00.

Government and Project Support

Mayor Tom Prather stated that Scott County has conducted due diligence and believes the project can be built without adverse effects on the aquifer, while emphasizing the need for a joint sewer solution for the Ponderosa and Spindletop trailer parks 2:48:08.

Economic and Agricultural Support

Multiple speakers supported the project based on economic and agricultural benefits. Kathleen Burke highlighted Bluegrass Stockyards' proven environmental record and its importance to the regional economy 3:06:51. Warren Beeler emphasized the safety and efficiency of locating the market in a rural area away from downtown 3:12:23. Nancy Cox highlighted the economic impact of the agribusiness cluster and the importance of maintaining the central location for livestock markets 3:15:41. Carrie McIntosh reiterated support from the Fayette County Farm Bureau 3:18:30. Bob Quick stressed the importance of regional cooperation and the project's role in retaining economic activity in Fayette County 3:19:03. Jeremy Wiles urged approval to maintain a market for cattle and preserve green space supporting tourism 3:20:42. Kyle Kelly expressed support on behalf of the Kentucky Department of Agriculture 3:21:46. Dave Maples expressed strong support from the Kentucky Cattlemen Association 3:22:19.

Applicant Summary

Bill Lear summarized the applicant's position, emphasizing compliance with all conditions, best practices, and the lack of opposition from nearby residents 3:24:34.

Stephen Price addressed nutritional health and public policy concerns regarding meat consumption 2:21:48.

Contested Items

Aquifer Delineation and Groundwater Flow

A heated discussion emerged regarding the accuracy of the Royal Springs Aquifer boundary line. Tom Dugan and Charlie Dannem challenged the existing delineation and called for updated geophysical surveys to verify the aquifer's boundaries. The Division of Water countered by affirming that the existing delineation was settled and supported by scientific evidence. This disagreement centered on whether current data adequately reflected the aquifer's actual extent and flow patterns.

Environmental Impact of the Proposed Agricultural Market

Community opposition focused on potential environmental consequences of the proposed agricultural market development. Opponents raised concerns about water contamination, odor emissions, and possible impacts on nearby wells and the aquifer itself. Despite these concerns, the applicant presented detailed environmental and operational plans intended to address such issues. The dispute reflected differing assessments of the project's environmental risks and the adequacy of proposed mitigation measures.

Public Health and Nutritional Policy

Stephen Price raised arguments about public health and nutritional policy, contending that promoting meat consumption is harmful to public health. He further argued that tax incentives for the meat industry are unfair to vegetarians and vegans. This topic generated heated discussion, though it was noted as not being directly relevant to the zoning decision under consideration at the meeting.

Jim & Mollie Sawyer – Variance to reduce side setback from 25 feet to 8 feet in A-R zone

2:14

The applicants, Jim and Mollie Sawyer, requested a variance to reduce the required side setback from 25 feet to 8 feet for a property in an A-R zone.

Key Speaker: - Jay Copley

Action Taken:

The applicant requested a postponement of this variance to allow time to discuss the design with the adjacent property owner. The motion to postpone was unanimously approved.

Republic Services of Kentucky, LLC – Conditional use and variance for transfer station in I-2 zone

Item: CV-2016-6

Republic Services of Kentucky, LLC requested consideration for a conditional use and variance to operate a transfer station in an I-2 zone. 3:21

Presentation and Action

Bruce Simpson presented on behalf of the applicant. Rather than proceeding with the agenda item, the applicant requested a postponement to allow additional time to prepare and submit supplemental information.

Outcome

The motion to postpone was unanimously approved. The item was not decided at this meeting and was scheduled for reconsideration at a future date pending receipt of the supplemental materials from the applicant.

Bradley Day – Variance to allow porch to project 9 feet instead of 8 feet into front yard in R-1C zone

Identifier: V-2016-10

Overview

This agenda item addressed a variance request by Bradley Day to allow a porch to project 9 feet into the front yard instead of the standard 8 feet permitted in the R-1C zone.

Presentation and Staff Recommendation

Staff recommended approval of the variance. The recommendation was based on three primary factors:

• Minimal visual impact from the additional 1-foot projection
• No identified health or safety issues resulting from the variance
• The hardship of rebuilding, which supported granting the exception

Applicant Position

Bradley Day, the applicant, agreed to the conditions associated with the variance approval.

Outcome

The motion to approve the variance passed unanimously.

Transylvania University, Inc. – Request to amend site plan for conditional use in R-4 zone

Identifier: C-2016-7

Overview

The meeting included discussion of Transylvania University, Inc.'s request to amend a site plan for a conditional use in an R-4 zone.

Presentation and Recommendation

Staff recommended approval of the amendment. The recommendation was based on several factors: adequate parking availability, improved green space, and no adverse impact on the surrounding area.

Applicant Position

The applicant agreed to the conditions presented as part of the staff recommendation.

Outcome

The motion to approve the amendment passed unanimously.

Key Participant

Mark Matthews was identified as a key speaker during this agenda item.

7:47

Jason Elsea – Conditional use permit for cocktail lounge in B-1 zone

10:05

The board considered a conditional use permit application from Jason Elsea for a cocktail lounge in a B-1 zone. Staff recommended approval of the permit, citing the shopping center's adequate buffering and sufficient parking as supporting factors for the proposal.

The applicant, Jason Elsea, agreed to the conditions outlined by staff as part of the application review process.

The motion to approve the conditional use permit passed unanimously.

Ironworks Farm, LLC – Conditional use and variance for agricultural market in A-R zone

This agenda item (CV-2016-8) addressed a request by Ironworks Farm, LLC for conditional use and variance approval to operate an agricultural market in the A-R (Agricultural-Residential) zone 13:28.

Staff Recommendation and Presentation

Staff recommended approval of both the conditional use permit and the variance request. The recommendation was based on the applicant's demonstrated compliance with zoning requirements, implementation of environmental safeguards, and the presence of unique site circumstances that justified the variance.

Applicant's Case

The applicant presented a detailed case supported by expert testimony. The presentation outlined how the proposed agricultural market would operate within the zoning framework and addressed environmental and operational considerations.

Key Participants

The discussion involved multiple speakers including Bill Lear, Nick Nicholson, Jim Akers, Doug Gooch, Steve Higgins, Tom Prather, Kathleen Burke, Warren Beeler, Nancy Cox, Carrie McIntosh, Bob Quick, Jeremy Wiles, Kyle Kelly, and Dave Maples.

Outcome

The motion for approval passed unanimously. Both the conditional use permit and variance for the agricultural market were approved.