Board of Adjustment

Summary

Meeting Overview

The Urban County Board of Adjustment convened on July 29, 2016, at 1:30 PM in the Council Chambers at 200 East Main Street in Lexington, Kentucky, with Barry Stumbo presiding as the meeting officer. The board addressed seven agenda items during the session, consisting of variance requests, conditional use permit applications, and one item to adopt revised conditions for a previous case. The board took seven votes throughout the meeting, approving six of the seven matters brought before them and denying one variance request by Sidney O. Lizer. No public comments were recorded during this meeting, indicating the session focused primarily on the board's deliberations and decisions on the pending applications.

Attendance

The following members were present at the meeting on July 29, 2016:

• Barry Stumbo
• Thomas Glover
• Joan Whitman
• Chad Needham
• Branden Gross

Two members were absent:

• Larry Forester
• Jan Meyer

No members arrived late to the meeting.

Votes and Decisions

The board considered seven cases during the July 29, 2016 meeting, approving six applications and denying one.

PLN-BOA-16-00004: Michael A. Blevins' request for a variance to reduce the required front yard from 20 feet to 0 feet was approved unanimously (5-0) 0:00. Branden Gross made the motion, seconded by Thomas Glover. All five members voted in favor: Barry Stumbo, Thomas Glover, Joan Whitman, Chad Needham, and Branden Gross. The approval included conditions requiring the driveway to be constructed according to the submitted application and site plan, obtaining a paving permit, and limiting the variance to a 10-foot wide driveway and parking space.

PLN-BOA-16-00007: Miroslava Doroshenko's similar variance request to reduce the front yard requirement from 20 feet to 0 feet passed unanimously (5-0) 0:00. Chad Needham motioned, Branden Gross seconded, with identical conditions as the previous case.

PLN-BOA-16-00001: Teresa P. Johnson's conditional use permit for a home occupation was approved unanimously (5-0) 0:00 on a motion by Thomas Glover, seconded by Joan Whitman.

PLN-BOA-16-00002: Mark and Karla DiNardo's conditional use permit for an athletic club facility passed unanimously (5-0) 0:00. Branden Gross motioned, Chad Needham seconded. Conditions limited participants to 30 and confined activities to the existing building interior.

PLN-BOA-16-00003: MB2 Raceway Inc.'s conditional use permit for an indoor recreational facility was approved unanimously (5-0) 0:00 on Branden Gross's motion, seconded by Joan Whitman.

PLN-BOA-16-00006: Sidney O. Lizer's variance request to reduce the side yard from 8 feet to 2 feet was unanimously denied (0-5) 0:00. Chad Needham motioned for denial, Branden Gross seconded.

V-2015-36: The board unanimously approved (5-0) revised conditions for Leah Taylor's previously approved case 0:00, with Branden Gross motioning and Joan Whitman seconding.

Contested Items

The meeting featured one significant contested item that generated heated discussion among board members.

Variance Request by Sidney O. Lizer

Sidney O. Lizer's application for a variance to construct an attached garage became the focal point of contentious debate during the meeting. The request sparked detailed discussion regarding how the proposed construction would impact the character of the surrounding neighborhood.

Board members engaged in extensive deliberation about the merits of Lizer's proposal, with concerns raised about whether the attached garage would be compatible with existing neighborhood aesthetics and development patterns. The discussion also explored potential alternative options that might address Lizer's needs while maintaining neighborhood consistency.

Despite the thorough examination of the request and consideration of various alternatives, the board ultimately denied Lizer's variance application. The denial followed the heated discussion about balancing individual property owner needs against broader community planning objectives and neighborhood preservation concerns.

The contested nature of this item demonstrates the challenging decisions planning and zoning boards face when weighing individual requests against established community standards and neighborhood character preservation goals.

Variance Request by Michael A. Blevins

0:00

The Board of Adjustment considered variance request PLN-BOA-16-00004 submitted by Michael A. Blevins. The applicant requested a variance to reduce the required front yard setback from 20 feet to 0 feet in order to provide a parking space in the front yard of his property.

Michael A. Blevins served as the key speaker for this agenda item, presenting his case to the board. The request sought to eliminate the standard front yard setback requirement entirely, which would allow for the installation of parking directly adjacent to the front property line.

Staff had reviewed the variance application and recommended approval of the request, though their recommendation included specific conditions that would need to be met. The details of these conditions were not specified in the available meeting materials.

The Board of Adjustment ultimately approved the variance request, allowing Blevins to proceed with his plans to create the front yard parking space with the reduced setback. This approval enables the property owner to utilize the front yard area for parking purposes without maintaining the typical 20-foot buffer from the street.

The approval of this variance represents a departure from standard zoning requirements, which typically mandate front yard setbacks to maintain neighborhood character and provide adequate spacing between structures and public rights-of-way. The board's decision suggests they found sufficient justification for the reduced setback in this particular case.

Variance Request by Miroslava Doroshenko

0:00

The Board of Adjustment considered variance request PLN-BOA-16-00007 submitted by Miroslava Doroshenko. The applicant requested a variance to reduce the required front yard setback from 20 feet to 0 feet in order to provide a parking space in the front yard of her property.

Miroslava Doroshenko spoke as the key presenter for this agenda item, explaining her request to the board members. The variance would allow her to utilize the front yard area for vehicle parking, which would otherwise be prohibited under the standard 20-foot front yard setback requirement.

Staff had reviewed the variance application and recommended approval of the request, contingent upon certain conditions being met. The specific conditions attached to the staff recommendation were not detailed in the available materials, but the staff's positive recommendation indicated that the proposal met the necessary criteria for variance approval.

Following the presentation and discussion, the Board of Adjustment voted to approve the variance request. The approval allows Doroshenko to proceed with creating the front yard parking space with the reduced setback, subject to compliance with any conditions established by staff and the board.

This variance approval enables the property owner to make more efficient use of her available land for parking purposes while maintaining compliance with local zoning regulations through the formal variance process.

Conditional Use Permit Request by Teresa P. Johnson

0:00

The board reviewed conditional use permit application PLN-BOA-16-00001 submitted by Teresa P. Johnson to establish a home occupation for producing natural products.

Teresa P. Johnson presented her request to operate a natural products business from her home. Staff had reviewed the application and recommended approval of the conditional use permit with specific conditions attached.

The board approved the conditional use permit request as recommended by staff.

*Note: Limited transcript information was available for this agenda item, preventing a more detailed summary of the specific discussion points, conditions, or concerns that may have been raised during the meeting.*

Conditional Use Permit Request by Mark and Karla DiNardo

0:00 The board considered application PLN-BOA-16-00002, a conditional use permit request submitted by Mark and Karla DiNardo to establish an athletic club facility.

Mark DiNardo and Karla DiNardo presented their proposal to the board as the key speakers for this agenda item. The applicants sought approval to operate an athletic club at their proposed location.

Staff provided a recommendation of approval for the conditional use permit, contingent upon specific conditions being met by the applicants. The staff report outlined the requirements and restrictions that would need to be followed if the permit were granted.

The board reviewed the application materials, staff analysis, and heard from the DiNardos regarding their plans for the athletic club facility. The discussion covered the proposed use, its compatibility with the surrounding area, and any potential impacts on the community.

Following their deliberation of the conditional use permit request, the board voted to approve PLN-BOA-16-00002. The approval came with the conditions recommended by staff, which the DiNardos will need to comply with in establishing and operating their athletic club facility.

The approved conditional use permit allows Mark and Karla DiNardo to move forward with their plans to establish the athletic club, subject to meeting all specified conditions and requirements outlined in the staff recommendation.

Conditional Use Permit Request by MB2 Raceway Inc.

0:00

The board considered conditional use permit application PLN-BOA-16-00003 submitted by MB2 Raceway Inc. to establish an indoor recreational facility for indoor electric go-carts.

Jerrod Sheff served as a key speaker during the discussion of this agenda item. The proposed facility would operate as an indoor entertainment venue featuring electric go-cart racing.

Staff presented their analysis of the application and recommended approval of the conditional use permit, subject to specific conditions. The staff report indicated that the proposed indoor recreational facility met the necessary requirements for approval under the applicable zoning regulations.

The board reviewed the application materials, staff recommendations, and any conditions proposed for the permit. The indoor electric go-cart facility was determined to be an appropriate use for the proposed location.

Following discussion, the board approved the conditional use permit request by MB2 Raceway Inc. The approval allows the company to move forward with establishing their indoor electric go-cart recreational facility, subject to compliance with the conditions outlined in the staff recommendation.

The approved permit enables MB2 Raceway Inc. to operate their indoor entertainment venue, which will provide electric go-cart racing as a recreational activity for the community.

Variance Request by Sidney O. Lizer

0:00

The Board of Adjustment considered variance request PLN-BOA-16-00006 submitted by Sidney O. Lizer. The applicant requested a variance to reduce the required side yard setback from 8 feet to 2 feet in order to construct an attached garage on his property.

Sidney O. Lizer presented his request to the board, seeking approval for the reduced setback that would allow the garage construction to proceed. The variance would represent a significant reduction in the standard side yard requirement, bringing the proposed structure to within 2 feet of the property line.

Staff had reviewed the application and recommended disapproval of the variance request. The staff recommendation indicated concerns about granting such a substantial reduction in the required setback.

Following consideration of the application, staff recommendation, and any discussion that occurred during the meeting, the Board of Adjustment denied the variance request. The denial means that Lizer would need to comply with the standard 8-foot side yard setback requirement or pursue alternative options for his garage construction project.

The outcome prevents the proposed attached garage from being built with the reduced 2-foot setback as originally requested by the applicant.

Adopt Revised Conditions for Leah Taylor

0:00

The board considered agenda item V-2015-36 to adopt revised conditions for Leah Taylor's case. The revision was necessary because conditions that do not apply to the property in question had been adopted in error during previous proceedings.

The agenda item was presented as a resolution to correct the administrative error by implementing appropriate conditions that are relevant to Taylor's specific property situation. No detailed discussion or debate was recorded for this item, suggesting it was treated as a routine administrative correction.

The board approved the revised conditions for case #V-2015-36: Leah Taylor, effectively replacing the previously adopted conditions with ones that properly apply to the property in question.