Board of Adjustment

Summary

Meeting Overview

The Urban County Board of Adjustment met on May 20, 2016, at 1:30 p.m. at 200 East Main Street in Lexington, Kentucky, with Acting Chair Thomas Glover presiding. The board considered ten agenda items, taking ten motions and votes during the meeting while hearing four public comments. All ten items on the agenda were approved, including variances and conditional use permits for various properties and organizations, as well as the appointment of Ms. Anne Bowe. The approved requests included variances for side yard and parking setbacks, a lap pool setback, and a bank drive-through facility; conditional use permits for a veterinary clinic, home occupation, hospital helistop, school, churches, and church parking; and related variances for parking and other site-specific needs.

Attendance

Present: - Thomas Glover - Joan Whitman - Chad Needham - Larry Forester - Jan Meyer - Branden Gross

Absent: - Barry Stumbo

Late: None recorded

Votes and Decisions

V-2016-21: Lex Properties, LLC Variances 17:38 Motion by Chad Needham, seconded by Larry Forester. Approval of two variances for Lex Properties, LLC at 153 Colfax St. in a Single Family Residential (R-1E) zone: reduce side yard from 5 feet to 3.5 feet and increase maximum allowable parking from 3 to 4 spaces. Roll call vote: 5 ayes, 1 nay. Voted for: Thomas Glover, Joan Whitman, Chad Needham, Larry Forester, Jan Meyer. Voted against: Branden Gross. Passed.

V-2016-28: Lora Browning Pool Variance 20:12 Motion by Jan Meyer, seconded by Joan Whitman. Approval of a variance for Lora Browning at 4429 Hartland Parkway in a Single Family Residential (R-1D) zone to reduce required side street yard from 30 feet to 12 feet to construct an in-ground lap pool. Roll call vote: 6 ayes, 0 nays. All members voted in favor. Passed.

CV-2016-26: Downtown Bank Drive-Through 29:28 Motion by Branden Gross, seconded by Larry Forester. Approval of a conditional use permit for a drive-through facility for a bank and a variance to reduce minimum front yard to 8 feet at 367-375 East Main Street & 107-111 Eastern Avenue in a Downtown Frame Business (B-2A) zone. Roll call vote: 6 ayes, 0 nays. All members voted in favor. Passed.

C-2016-22: Veterinary Clinic 36:32 Motion by Larry Forester, seconded by Joan Whitman. Approval of a conditional use permit for a veterinary clinic/small animal hospital at 3090 Helmsdale Place, Ste. 220 in a Neighborhood Business (B-1) zone. Roll call vote: 6 ayes, 0 nays. All members voted in favor. Passed.

C-2016-23: Home Occupation—Skin Care Products 37:41 Motion by Jan Meyer, seconded by Joan Whitman. Approval of a conditional use permit for a home occupation creating natural skin care products at 4712 Matthew Court in a Single Family Residential (R-1C) zone. Roll call vote: 6 ayes, 0 nays. All members voted in favor. Passed.

C-2016-24: Helistop 42:01 Motion by Larry Forester, seconded by Joan Whitman. Approval of a conditional use permit to construct a helistop at 150 N. Eagle Creek Drive in a Professional Office (P-1) zone. Roll call vote: 6 ayes, 0 nays. All members voted in favor. Passed.

C-2016-25: School for Academic Instruction 43:33 Motion by Chad Needham, seconded by Jan Meyer. Approval of a conditional use permit to establish a school for academic instruction at 549 Parkside Drive in Single Family Residential (R-1C) and Townhouse Residential (R-1T) zones. Roll call vote: 6 ayes, 0 nays. All members voted in favor. Passed.

C-2016-14: Church Sanctuary and Parking 1:51:47 Motion by Branden Gross, seconded by Larry Forester. Approval of a conditional use permit to construct a new sanctuary and add parking at 3000 Clays Mill Road and 509 & 513 Andrea Drive in a Single Family Residential (R-1B) zone. Roll call vote: 5 ayes, 1 nay. Voted for: Thomas Glover, Joan Whitman, Chad Needham, Larry Forester, Jan Meyer. Voted against: Branden Gross. Passed.

CV-2016-27: Church and Parking with Variances 4:17:06 Motion by Jan Meyer, seconded by Larry Forester. Approval of a conditional use permit to establish a church and associated parking with multiple variances at 600 Woodland Avenue and 502-504 and 507-537 Columbia Avenue in a Two Family Residential (R-2) zone. Roll call vote: 6 ayes, 0 nays. All members voted in favor. Passed.

Appointment of Ms. Anne Bowe 4:19:22 Appointment of Ms. Anne Bowe to replace Mr. Rory Kahly on the Landscape Review Committee. Roll call vote: 6 ayes, 0 nays. All members voted in favor. Passed.

Public Comment

Four members of the public addressed the board regarding a proposed expansion project.

Marvin Rexroad 1:41:51 spoke as a resident of Andrea Drive about concerns with stormwater management. He expressed worry about the proposed underground vault detention system, stating that the current detention pond is adequate and that the proposed changes could lead to flooding.

Mark Barker 2:28:10 raised multiple concerns about the proposed parking lot. He cited inadequate sidewalks, lack of turnaround space, and potential traffic congestion. He also requested restrictions on amplified outdoor events.

Amy Clark 2:33:03 expressed support for the expansion of Christian Student Fellowship but urged the board to impose conditions on the project. She emphasized the need for low-impact development and green infrastructure, specifically addressing parking, stormwater management, and traffic concerns.

Russ Williams 4:08:44 spoke as a property owner to request assurance that the stormwater system includes a spillway in case of system failure, to prevent flooding of his property.

Appointments

Anne Bowe was appointed to the Landscape Review Committee.

Contested Items

Clays Mill Baptist Church Parking Expansion

The church's proposal to expand parking onto residential lots generated heated discussion among meeting participants. The primary concerns centered on stormwater management and the financial implications of underground detention systems. Additional debate arose over bus parking restrictions and their impact on the project's feasibility. Rather than reaching a final decision, the matter was continued for 30 days to allow time for negotiation of conditions that might address the raised concerns.

Christian Student Fellowship Parking and Variances

The proposal to convert five residential lots into a parking lot faced significant community opposition. Opponents raised multiple objections, including the loss of housing stock, increased impervious surface area, traffic impacts, and aesthetic concerns about the development. Despite this opposition, the proposal also received support from many neighbors and university-affiliated groups, indicating divided sentiment within the community about the project's merits.

Lex Properties, LLC – Variances for side yard and parking

Lex Properties, LLC requested two variances for a property development project 7:35. The first variance sought to reduce the required side yard setback from 5 feet to 3.5 feet to accommodate a driveway. The second variance requested an increase in the maximum allowable parking spaces from 3 to 4 spaces within an Infill and Redevelopment Area.

Key speakers on this agenda item included Jacob Walbourn, Bill Sallee, and Jimmy Emmons.

Staff analysis supported both variance requests, recommending approval based on the unique circumstances of the property and the minimal impact the variances would have on the surrounding area. The reduced side yard setback was justified by the practical need to fit the driveway configuration, while the additional parking space was deemed appropriate for the infill redevelopment context.

The variances were approved.

Lora Browning – Variance for lap pool setback

Case Number: V-2016-28

Lora Browning requested a variance to reduce the side street yard setback requirement from 30 feet to 12 feet to construct an in-ground lap pool on her property. 19:12

Staff Recommendation

Staff recommended approval of the variance based on the unique topography of the property and the minimal impact the proposed pool would have on neighboring properties.

Outcome

The variance was approved.

Synchronicity Development, LLC – Conditional use and variance for bank drive-through

Synchronicity Development, LLC requested approval for a conditional use permit for a bank drive-through facility and a variance to reduce the front yard setback to 8 feet 21:12.

Proposal Details

The applicant sought two approvals: a conditional use permit for the bank drive-through operation and a variance to allow a reduced front yard setback of 8 feet instead of the standard requirement.

Staff Recommendation

Staff recommended approval of both requests. The analysis determined that the drive-through would have minimal visual impact on the surrounding area and that adequate access could be maintained for the proposed use.

Key Speakers

The discussion involved Dick Murphy, Jeff Morgan, and Adam Bender-Saunders.

Outcome

The conditional use permit and variance were approved.

Tony L. Sheets, DVM – Conditional use for veterinary clinic

Tony Sheets requested a conditional use permit to operate a veterinary clinic in a Neighborhood Business zone 34:25.

Request and Recommendation

The applicant sought approval to establish a veterinary clinic within the Neighborhood Business zoning district. Staff reviewed the proposal and recommended approval, citing minimal potential for noise generation and nuisance impacts associated with the proposed use.

Outcome

The conditional use permit was approved.

Sharon Spotts – Conditional use for home occupation

Case Number: C-2016-23

Sharon Spotts requested a conditional use permit for a home occupation involving the creation of natural skin care products. 37:02

Staff Recommendation

Staff recommended approval of the conditional use permit, noting that the proposed home occupation would have minimal traffic and noise impact on the surrounding area.

Outcome

The conditional use permit was approved.

St. Joseph Hospital – Conditional use for helistop

St. Joseph Hospital requested a conditional use permit for a helistop facility. 38:50

Presentation and Rationale

Scott Southall presented the conditional use application on behalf of the hospital. Staff recommended approval of the permit based on several factors, including safety considerations, the distance of the proposed helistop from residential areas, and the enhanced community services that the facility would provide.

Outcome

The conditional use permit for the helistop was approved.

Christian Academy of the Bluegrass – Conditional use for school

Christian Academy of the Bluegrass requested a conditional use permit to operate a school. 42:31

Staff Recommendation

Staff recommended approval of the conditional use permit, citing adequate parking availability and minimal anticipated impact on the neighborhood.

Key Speakers

• Dick Murphy
• Terry Carter

Outcome

The conditional use permit was approved.

Clays Mill Baptist Church – Conditional use for sanctuary and parking

Clays Mill Baptist Church requested a conditional use permit to expand its sanctuary and add parking facilities. 31:04

Staff Recommendation and Conditions

Staff recommended approval of the conditional use permit with specific conditions regarding timing and screening requirements for the proposed expansion and parking areas.

Key Speakers and Positions

The discussion involved Jay Millian, Stan Lee, and Bill Sallee. The church objected to one of the staff-recommended conditions—specifically the underground detention requirement that had been included in the approval conditions.

Outcome

The conditional use permit was approved.

Christian Student Fellowship, Inc. – Conditional use and variances for church and parking

Christian Student Fellowship, Inc. requested a conditional use permit and multiple variances to construct a new church and parking lot. 1:54:35

Staff Recommendation and Presentation

Staff recommended approval of the conditional use permit and variances, subject to specified conditions.

Key Participants

The discussion involved Dick Murphy, Brian Marshall, Rick Eckhoff, Mike Willem, and William Herndon.

Discussion and Concerns

The board faced community opposition and engaged in extensive discussion regarding the proposal. The nature of specific concerns raised and detailed arguments presented are not specified in the available records.

Outcome

The conditional use permit and variances for Christian Student Fellowship, Inc. were approved.

Appointment of Ms. Anne Bowe

The board considered and approved the appointment of Ms. Anne Bowe to the Landscape Review Committee. 4:19:22

Bill Sallee presented this agenda item. Ms. Bowe's appointment was made to fill the vacancy created by Mr. Rory Kahly's departure from the committee.

The board voted to approve the appointment.