Board of Adjustment

Summary

Meeting Overview

The Urban County Board of Adjustment convened on September 30, 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 six agenda items during the session, all of which were approved, demonstrating a productive meeting focused on zoning and development matters. The agenda included variance requests from multiple applicants including Lexington Self Storage, Paul Gardner/TDK Construction, Patty Sparks, and Valerie Howlett & Forrest Day, as well as a conditional use permit for Kelly Nursery and an administrative review for David A. Hellard. The board conducted six motions and votes throughout the meeting, with all items receiving favorable outcomes. No public comments were recorded during this session, indicating the meeting proceeded primarily through the formal agenda items without additional community input.

Attendance

The following members were present at the September 30, 2016 meeting:

• Barry Stumbo
• Thomas Glover
• Joan Whitman
• Jan Meyer
• Larry Forester
• Chad Needham

Absent: • Branden Gross

No members arrived late to the meeting.

Votes and Decisions

The board took action on six items during the September 30, 2016 meeting, with all motions passing unanimously by a 6-0 vote.

PLN-BOA-16-00024 - Lexington Self Storage Variance Requests 0:00 Thomas Glover motioned to approve the variance requests, seconded by Joan Whitman. The motion passed unanimously with all six members voting in favor: Barry Stumbo, Thomas Glover, Joan Whitman, Jan Meyer, Larry Forester, and Chad Needham. The approval was subject to six conditions as recommended by staff.

PLN-BOA-16-00025 - Paul Gardner/TDK Construction Variance Request 0:00 Larry Forester made the motion to approve, with Chad Needham providing the second. The variance request was approved unanimously by all six board members, subject to one condition as recommended by staff.

PLN-BOA-16-00026 - Patty Sparks Variance Requests 0:00 Jan Meyer motioned for approval, seconded by Thomas Glover. The board unanimously approved the variance requests with all six members voting yes. The approval included three conditions as recommended by staff.

PLN-BOA-16-00027 - Valerie Howlett & Forrest Day Variance Request 0:00 Chad Needham made the motion to approve, with Larry Forester seconding. The variance request received unanimous approval from all six board members, subject to two conditions as recommended by staff.

PLN-BOA-16-00019 - Kelly Nursery Conditional Use Permit 0:00 Jan Meyer motioned to approve the conditional use permit, seconded by Chad Needham. All six board members voted in favor of the motion, with approval subject to five conditions as recommended by staff.

PLN-BOA-16-00018 - David A. Hellard Administrative Review 0:00 Thomas Glover made the motion to approve, with Joan Whitman providing the second. The administrative review was approved unanimously by all six board members, subject to two conditions as recommended by staff.

All motions received the same voting pattern with Barry Stumbo, Thomas Glover, Joan Whitman, Jan Meyer, Larry Forester, and Chad Needham voting in favor, with no opposing votes or abstentions recorded.

Lexington Self Storage variance requests

The Board of Adjustment reviewed case PLN-BOA-16-00024, a variance request from Lexington Self Storage 0:00. The applicant sought multiple variances for their proposed development, including reducing the required distance from residential zones for overhead doors, eliminating mandatory landscape buffer zones, and constructing an office building and storage units.

Morgan Dye served as a key speaker during the discussion of this agenda item. The variance requests were necessary to accommodate the self-storage facility's design and operational requirements while working within the constraints of the property's location and zoning requirements.

The specific variances requested included: • Reduction of the required setback distance from residential zones for overhead doors • Elimination of landscape buffer zone requirements • Permission to construct an office building as part of the storage facility • Authorization for storage unit construction under the modified parameters

The Board of Adjustment ultimately approved the variance requests for Lexington Self Storage, allowing the project to proceed with the requested modifications to standard zoning requirements. This approval enables the development to move forward with the proposed office building and storage units while operating under the reduced setback requirements and modified landscape buffer standards.

Paul Gardner/TDK Construction variance request

0:00

The board considered agenda item PLN-BOA-16-00025, a variance request submitted by Paul Gardner of TDK Construction. Gardner requested a variance to reduce the required side street side yard setback in order to construct an addition to an existing duplex property.

Paul Gardner presented the request to the board, explaining the need for the variance to accommodate the proposed addition while working within the constraints of the existing duplex structure and lot configuration.

The board reviewed the application and supporting materials for the variance request. The discussion focused on the specific setback requirements and how the proposed reduction would allow for the construction of the addition while maintaining appropriate spacing from the side street.

After consideration of the request and any applicable zoning requirements, the board approved the variance application. The approval allows Gardner to proceed with construction of the duplex addition with the reduced side street side yard setback as requested.

The variance approval enables the completion of the proposed addition project while addressing the practical constraints of the existing property layout and structure.

Patty Sparks variance requests

0:00

The board considered application PLN-BOA-16-00026, a variance request submitted by Patty Sparks to reduce required front and side yard setbacks for residential construction.

Sparks requested variances to allow reduced setbacks from the standard requirements in order to build a home on her property. The specific setback reductions sought were not detailed in the available materials, but the request involved both front yard and side yard setback modifications.

Patty Sparks served as the key speaker for this agenda item, presenting her case to the board for why the variances were necessary for her proposed home construction project.

The board approved Sparks' variance requests, allowing her to proceed with construction using the reduced setback requirements rather than adhering to the standard zoning setback distances. This approval enables Sparks to build her home with the modified front and side yard setbacks as requested in her application.

Valerie Howlett & Forrest Day variance request

0:00

The Board of Appeals considered case PLN-BOA-16-00027, a variance request submitted by Valerie Howlett and Forrest Day. The applicants sought permission to encroach into the required rear yard setback to construct an elevated screened porch and deck on their property.

Valerie Howlett presented the request to the board, explaining the need for the variance to accommodate their proposed construction plans. The elevated screened porch and deck would extend beyond the normally permitted building envelope into the rear yard area.

The board reviewed the variance application and considered whether the request met the necessary criteria for approval, including whether the applicants demonstrated practical difficulty or hardship that would justify granting relief from the standard zoning requirements.

After deliberation, the Board of Appeals approved the variance request, allowing Howlett and Day to proceed with their plans for the elevated screened porch and deck that encroaches into the rear yard setback. The approval enables the applicants to move forward with their construction project as proposed.

Kelly Nursery conditional use permit

0:00

The Board of Adjustment reviewed application PLN-BOA-16-00019 for Kelly Nursery's request for a conditional use permit to operate a plant nursery with wholesale sales on a split-zoned property.

Todd Kelly presented the application on behalf of Kelly Nursery. The proposal involves establishing a commercial plant nursery operation that would include wholesale sales activities on property that spans multiple zoning classifications.

The Board discussed the specifics of the nursery operation and how the wholesale sales component would function within the existing zoning framework. The split-zoned nature of the property required careful consideration of how the proposed use would comply with regulations across the different zoning areas.

The conditional use permit application was approved by the Board of Adjustment, allowing Kelly Nursery to proceed with their planned nursery and wholesale sales operation on the split-zoned property.

David A. Hellard administrative review

0:00

The board reviewed case PLN-BOA-16-00018, an administrative review request submitted by David A. Hellard. Hellard sought a determination regarding whether the construction of porches with storage closets would constitute an expansion of a non-conforming use on his property.

The case centered on the interpretation of zoning regulations and how proposed construction modifications would affect the property's existing non-conforming status. Hellard presented his request to the board, seeking clarity on whether his planned porch additions with integrated storage facilities would trigger additional regulatory requirements or restrictions under the city's non-conforming use provisions.

The administrative review process allows property owners to obtain official determinations on zoning compliance questions before proceeding with construction projects. This helps ensure that proposed improvements align with current zoning regulations and avoid potential violations or enforcement actions.

Following discussion of the request and consideration of the relevant zoning code provisions, the board approved Hellard's administrative review. The approval indicates that the board determined the proposed porch construction with storage closets would not constitute an impermissible expansion of the property's non-conforming use, allowing Hellard to proceed with his planned improvements under the existing zoning framework.