Board of Adjustment

Summary

Meeting Overview

The Urban County Board of Adjustment met on June 24, 2016, at 1:30 p.m. at 200 East Main Street in Lexington, Kentucky, with Chairman Barry Stumbo presiding. The board considered eight agenda items, including six variance requests, two conditional use permits, and one administrative appeal. The meeting included five public comments and resulted in eight motions and votes.

Of the eight items considered, seven were approved and one was denied. The approved variances included a request from Earle & Diane Benezet to reduce the required side yard from 8 feet to 3 feet, Bruce Webb's request to reduce the required distance from a residential zone from 150 feet to 40 feet, and Leah Taylor's request to reduce the required front yard from 30 feet to 0 feet. The board denied CM Chevy Chase LLC's variance request to reduce required parking from 54 to 34 spaces. The board also approved three conditional use permits: one for Bluegrass Christian Assembly to replace a swimming pool and install a bath house, one for First United Methodist Church to construct a church addition, and one for Southside Church of Christ to demolish and rebuild a Sunday school facility. Additionally, the board approved an administrative appeal from Employment Solutions, Inc. to change a non-conforming use.

Attendance

Present: Barry Stumbo, Thomas Glover, Joan Whitman, Chad Needham, Larry Forester, Jan Meyer, Casey Kaucher, Thomas Clements, Jim Marx, Tracy Jones, Andrea Brown, Bill Sallee, Jimmy Emmons, and Tammye McMullen.

Late: Thomas Glover

Absent: Branden Gross

Votes and Decisions

The board voted on eight items during this meeting, approving seven and rejecting one.

V-2016-33 [00:05:56]: Approval of a variance to reduce the required side yard from 8 feet to 3 feet for a detached accessory building in a Single Family Residential (R-1C) zone at 1732 Houndstooth Glen. Motion by Jan Meyer, seconded by Joan Whitman. Passed unanimously, 5-0. Conditions included compliance with the submitted site plan and obtaining all necessary permits, including a building permit for the storage shed prior to construction.

V-2016-35 [00:08:53]: Approval of a variance to reduce the required distance from a residential zone from 150 feet to 40 feet to occupy a building as a gymnasium in a Professional Office (P-1) zone at 1122 Oak Hill Dr. Motion by Larry Forester, seconded by Joan Whitman. Passed unanimously, 5-0. The applicant must obtain a Zoning Compliance Permit and Certificate of Occupancy for the athletic club facility prior to commencement of use.

V-2016-36 [00:12:35]: Approval of a variance to reduce the required front yard from 30 feet to 0 feet to construct a single-family residence in a Single Family Residential (R-1C) zone at 916 Bravington Way. Motion by Chad Needham, seconded by Larry Forester. Passed unanimously, 6-0. A building permit must be obtained prior to construction and an occupancy permit upon completion.

C-2016-29 [00:17:28]: Approval of a conditional use permit to replace an existing swimming pool with a larger one and install a bath house in an Agricultural Rural (A-R) zone at 7463 Athens-Boonseboro Road. Motion by Jan Meyer, seconded by Thomas Glover. Passed unanimously, 6-0. The recreational facilities shall be for sponsored church camp activities only and not offered to the general public.

C-2016-30 [00:18:58]: Approval of a conditional use permit to construct a church addition up to 10,000 square feet in an Agricultural Rural (A-R) zone at 4131 Todds Road. Motion by Thomas Glover, seconded by Joan Whitman. Passed unanimously, 6-0. Multiple conditions applied, including temporary access via Todds Road until Polo Club Boulevard is constructed.

C-2016-32 [00:20:37]: Approval of a conditional use permit to demolish an existing one-story building and rebuild a new two-story building as a Sunday school facility in a Single Family Residential (R-1C) zone at 1533 Nicholasville Rd. Motion by Larry Forester, seconded by Joan Whitman. Passed unanimously, 6-0. Exterior changes require Board of Architectural Review approval.

A-2016-31 [00:22:49]: Approval of an administrative appeal to change a non-conforming use from child care facility to adult day care facility in a Single Family Residential (R-1D) zone at 3600 Appian Way. Motion by Joan Whitman, seconded by Jan Meyer. Passed unanimously, 6-0.

V-2016-34 [01:46:24]: Approval of a variance to reduce required parking from 54 spaces to 34 spaces for office/restaurant uses in a Neighborhood Business (B-1) zone at 630 Euclid Ave. Motion by Thomas Glover, seconded by Larry Forester. Failed, 4-2. Voting in favor: Barry Stumbo, Thomas Glover, Joan Whitman, Chad Needham. Voting against: Larry Forester, Jan Meyer.

Public Comment

The meeting included comments from multiple speakers addressing a proposed parking variance for CM Chevy Chase LLC.

Opposition to Parking Variance

Amy Clark opposed the parking variance, citing concerns about pedestrian and traffic safety 26:15. She noted that the proposed development required 35 parking spaces but only provided 34, and expressed concern about increased congestion in the area. Ms. Clark advocated for requiring off-site parking leases as an alternative solution that would be fair and balanced.

Applicant and Developer Perspectives

John Talbot, speaking on behalf of the applicant, defended the variance request 23:59. He emphasized the property's design intent and the use of public right-of-way for parking. Mr. Talbot stressed the importance of certainty for leasing and noted that the applicant had resolved concerns with the adjacent clinic owner.

Jason Taylor provided a developer perspective on the parking and use intensity issues 1:07:40. He explained that the development was originally designed for retail and service uses with lower parking demands, but market demand had shifted toward higher-intensity uses. Mr. Taylor argued that the variance would provide certainty for leasing and suggested that parking issues could be addressed at a later time.

Staff Rationale

Jimmy Emmons explained the staff's three criteria for evaluating parking variances 43:28. These criteria are walkability, availability of alternative parking, and parking generation of the proposed use. Mr. Emmons noted the area's walkability and existing parking options, but acknowledged that the applicant's self-created parking deficit remained a concern.

Administrative Announcements

Jim Duncan introduced himself as the new Director of Planning 1:48:44. He announced that Jimmy Emmons would be transitioning to transportation planning and shared upcoming organizational changes, including the relocation of the Board of Adjustment to zoning enforcement and the launch of the Acela Civic Platform for electronic applications.

Appointments

Jim Duncan was appointed to the position of Director of Planning.

Contested Items

CM Chevy Chase LLC Parking Variance

A parking variance request for CM Chevy Chase LLC generated significant community opposition during the meeting. The primary concerns centered on traffic safety, pedestrian safety, and parking availability in the affected area.

The debate reflected broader disagreements about balancing development intensity with neighborhood impact. Community members raised concerns about how the proposed variance would affect local traffic patterns and the safety of pedestrians in the vicinity. Parking availability emerged as another key point of contention, with opponents questioning whether the variance would adequately address parking needs or exacerbate existing shortages.

The discussion was characterized as heated, indicating strong feelings on multiple sides of the issue regarding the appropriate level of development and its effects on the surrounding neighborhood.

Earle & Diane Benezet – Variance to reduce required side yard from 8 feet to 3 feet

Case Number: V-2016-33

Request: The Board considered a variance request to reduce the required side yard setback from 8 feet to 3 feet for a detached accessory building in a Single Family Residential zone. 2:38

Key Speakers: Earle Benezet, Diane Benezet, and Jimmy Emmons presented on this matter.

Outcome: The Board approved the variance.

Basis for Approval: The Board cited the following factors in granting the variance:

• Unique site conditions that justified the reduced setback requirement
• Lack of adverse impact on neighboring properties or the surrounding area
• No willful violation of zoning regulations by the applicant

Conditions: The applicant agreed to comply with two conditions imposed by staff as part of the variance approval.

CM Chevy Chase LLC – Variance to reduce required parking from 54 to 34 spaces

2:38

The Board considered a variance request by CM Chevy Chase LLC to reduce required parking from 54 spaces to 34 spaces. Despite staff recommendation in favor of the variance and the applicant's agreement to the proposal, the Board rejected the request.

Key Participants

The discussion involved Board members John Talbot, Amy Clark, Jimmy Emmons, Jason Taylor, and Tony Barrett.

Outcome

The variance request was denied. A motion to approve failed 4-2. Following the rejection, the Board adopted a modified condition related to the project.

Issues Raised

Board members expressed significant concerns about the variance, including:

• Traffic safety impacts
• Effects on pedestrian safety
• The applicant's self-created parking deficit

These concerns proved decisive in the Board's decision to reject the request, despite the staff recommendation supporting approval and the applicant's willingness to accept the reduced parking requirement.

Bruce Webb – Variance to reduce required distance from residential zone from 150 feet to 40 feet

Case Number: V-2016-35

Outcome: Approved

The Board considered a variance request to reduce the required distance from a residential zone from 150 feet to 40 feet for a gymnasium in a Professional Office zone. 3:11

Key Speakers: - Bruce Webb (applicant) - Jimmy Emmons

Summary:

The Board approved the variance, citing several factors that supported the decision. The site's long history of similar use was noted as a significant consideration in evaluating the request. The Board also found that unique circumstances existed that justified the reduction in the required setback distance.

The Board determined that the proposed gymnasium would not have an adverse impact on the surrounding area, particularly the nearby residential zone. The applicant agreed to comply with two conditions imposed by staff as part of the approval.

Leah Taylor – Variance to reduce required front yard from 30 feet to 0 feet

Case Number: V-2016-36

Outcome: Approved

The Board considered a variance request to reduce the required front yard setback from 30 feet to 0 feet for a single-family residence located in a Single Family Residential zone. 3:42

Key Speakers and Presentation

Nathan Wright and Jimmy Emmons addressed the Board regarding this variance application.

Basis for Variance

The Board approved the variance based on several site-specific factors:

• Unique topography of the property
• Unbuilt street conditions
• Environmental constraints affecting the site

Issues Addressed

The applicant's representative responded to concerns raised during the discussion, specifically addressing questions about the proposed home size and its compatibility with neighborhood character.

Bluegrass Christian Assembly – Conditional use to replace swimming pool and install bath house

The Board considered a conditional use permit (C-2016-29) for Bluegrass Christian Assembly to replace a swimming pool and install a bath house 4:13.

Key Speakers

Michael Fain and Jimmy Emmons presented on this agenda item.

Presentation and Discussion

The Board reviewed the proposal in the context of the site's long operational history. The discussion noted the property's floodplain restoration efforts and determined that the proposed pool replacement and bath house installation would have minimal impact on the surrounding area.

Conditions

The applicant agreed to three conditions as part of the approval: - Use restrictions - Permit requirements - Additional conditions as specified in the Board's decision

Outcome

The Board approved the conditional use permit for the pool replacement and bath house installation.

First United Methodist Church – Conditional use to construct church addition

Identifier: C-2016-30

Outcome: Approved

The Board considered a conditional use permit for First United Methodist Church to construct a church addition 4:13. Key speakers on this item included Chris Howard and Jimmy Emmons.

The Board approved the conditional use permit based on findings that the applicant had adequate land, parking, and services to support the proposed addition. The applicant agreed to comply with seven conditions as part of the approval:

• Temporary access provisions
• Health department approval
• Signage compliance
• Additional conditions as specified in the permit

The conditional use permit was granted with these conditions in place.

Southside Church of Christ – Conditional use to demolish and rebuild Sunday school facility

4:47

The Board considered a conditional use permit (C-2016-32) for Southside Church of Christ to demolish and rebuild a Sunday school facility.

Speakers and Presentation

Bobby Morris and Jimmy Emmons presented on behalf of the application.

Key Details

The proposal involves construction of a new two-story Sunday school building. The Board noted that the project represents a minor expansion and is compatible with the H-1 zone designation for the property.

Conditions

The applicant agreed to four conditions as part of the approval: - Architectural review requirements - Signage rules and restrictions

Outcome

The Board approved the conditional use permit.

Employment Solutions, Inc. – Administrative appeal to change non-conforming use

Overview

The Board considered an administrative appeal by Employment Solutions, Inc. to change the use of a facility from a child care facility to an adult day care facility. 4:47

Key Speakers

Rick Chrisman and Jimmy Emmons presented on this matter.

Decision

The Board approved the administrative appeal. The approval was based on findings that the proposed change would have minimal impact and represented a reduced scope of operations compared to the existing use.

Conditions

As part of the approval, the applicant agreed to two conditions:

• Permit requirements for the facility
• Specified operating hours

Outcome

The administrative appeal was approved with the applicant's acceptance of the stated conditions.