Board of Adjustment

Summary

Meeting Overview

The Urban County Board of Adjustment Planning Services Section convened on November 18, 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, taking seven votes on various zoning matters including variances, conditional use permits, and appeals. Six of the seven items were approved, covering requests for fence height increases, porch encroachments, yard reductions, child care facility permits, and signage transfers, while one appeal regarding RVs and trailers was tabled for future consideration. No public comments were recorded during the meeting, and the board successfully processed the majority of the zoning requests brought before them.

Attendance

The following members were present at the November 18, 2016 meeting:

• Barry Stumbo
• Thomas Glover
• Joan Whitman
• Jan Meyer
• Branden Gross
• Chad Needham
• Larry Forester (arrived late)

No members were recorded as absent from the meeting. Larry Forester arrived after the meeting had begun and was noted as late.

Votes and Decisions

The board considered seven items during the November 18, 2016 meeting, with six approvals and one postponement.

PLN-BOA-16-00023 - TTTT Investment Group's variance to increase fence height passed unanimously 6-0 on a voice vote 15:30. Branden Gross made the motion, seconded by Jan Meyer. The approval included conditions that the fence not exceed 5'11.5", must be chain link or similar material, maintain sight triangles, and require a permit within 30 days.

PLN-BOA-16-00043 - Janeth Martinez's variance for porch encroachment passed 5-0 with one abstention 25:00. Jan Meyer motioned and Joan Whitman seconded. The approval requires a building permit within 30 days.

PLN-BOA-16-00045 - William Stephen & Romi Simone Howard's variance to reduce front yard setback passed unanimously 6-0 35:00. Chad Needham made the motion, seconded by Thomas Glover. Conditions require construction per the application and site plan with permits obtained prior to construction.

PLN-BOA-16-00046 - Mark Hufnagel/SJM Homes' variance to reduce side street yard setback passed unanimously 6-0 45:00. Branden Gross motioned and Joan Whitman seconded, with conditions for development per application and required building permits.

PLN-BOA-16-00031 - Denise Edmonds' conditional use permit for a child care facility passed 4-2 with one abstention on a roll call vote 55:00. Jan Meyer motioned and Joan Whitman seconded. Voting in favor: Barry Stumbo, Joan Whitman, Jan Meyer, and Branden Gross. Voting against: Chad Needham and Thomas Glover. Conditions limit capacity to 32 children with operating hours 6am-6pm Monday-Friday and occasional Saturday events.

PLN-BOA-16-00038 - First Corbin, LLC's transfer of unused wall signage passed 6-0 with one abstention 1:05:00. Chad Needham motioned and Larry Forester seconded, requiring a sign permit and compliance with submitted drawings.

PLN-BOA-16-00040 - The appeal by Dennis Moore, Markus Emig, Cheryl Tudor & Buck Busby regarding RVs and trailers was unanimously postponed 7-0 1:15:00. Thomas Glover motioned and Branden Gross seconded to continue the matter to January 27, 2017.

Appointments

The meeting included one appointment action:

• Mike Cravens was reappointed to the Landscape Review Committee

*Note: Specific transcript timestamps were not available for this appointment action.*

Contested Items

The November 18, 2016 meeting featured two significant contested items that generated debate among board members and community input.

RV and Trailer Housing for Church Construction Workers

Community residents voiced strong opposition to a proposal allowing the use of recreational vehicles and trailers to house workers during church construction. The opposition centered on privacy concerns from neighboring residents who felt the temporary housing arrangement would impact their community. Residents characterized the request as unusual and expressed discomfort with the proposed living arrangements in their neighborhood. The specific nature of the privacy concerns and the ultimate disposition of this item were not detailed in the available meeting data.

Child Care Facility Conditional Use Permit

The board faced a split decision regarding a conditional use permit application for a child care facility. The division among board members stemmed from concerns about adequate parking availability and the potential impact on the surrounding neighborhood. Board members weighed the community need for child care services against practical considerations of traffic flow, parking capacity, and how the facility would integrate with existing neighborhood characteristics. The split vote indicates significant disagreement among board members about whether the proposed facility met the necessary criteria for approval, though the final vote tally and outcome were not specified in the available meeting records.

Both contested items reflect common themes in local government decision-making: balancing community development needs with existing resident concerns, and evaluating the appropriateness of land use proposals within established neighborhoods. The debates highlight the board's role in mediating between different community interests while applying relevant zoning and permit criteria.

TTTT INVESTMENT GROUP - variance to increase fence height

15:30

The board considered agenda item III.B.1, a request from TTTT Investment Group for a variance to increase the maximum allowable fence height in front and side street yards from the current 4-foot limit to 5 feet.

Timothy W. Vaughn served as the key speaker presenting this variance request to the board. The discussion centered on the applicant's need to exceed the standard municipal fence height restrictions for their property.

Following deliberation, the board voted to approve the variance request. However, the approval came with specific conditions that TTTT Investment Group must meet in order to proceed with the increased fence height installation.

The variance allows the property owner to install fencing up to 5 feet in height in areas where municipal code typically restricts such structures to a maximum of 4 feet. This represents a 25% increase over the standard allowable height for front and side street yard fencing.

The approval of this variance indicates the board found sufficient justification for the height increase, though the specific conditions attached to the approval were not detailed in the available meeting materials. Such conditions typically address concerns related to sight lines, neighborhood aesthetics, or other municipal planning considerations.

This variance approval enables TTTT Investment Group to move forward with their fencing plans while ensuring compliance with any stipulated requirements set forth by the board.

JANETH MARTINEZ - variance for porch encroachment

25:00

Janeth Martinez appeared before the board to request a variance for a porch encroachment into the required front yard setback. The porch, as constructed, extends up to 2 feet into the front yard beyond what is permitted under current zoning regulations.

Martinez presented her case for allowing the porch to remain in its current configuration rather than requiring modifications or removal to bring it into compliance with setback requirements.

The board reviewed the variance request and the specific circumstances of the encroachment. After consideration of the application and any relevant factors, the board voted to approve the variance with conditions.

The approval allows Martinez's porch to remain as constructed despite the front yard setback encroachment of up to 2 feet. The conditions attached to the approval were not specified in the available materials but are typical for such variance approvals to ensure compliance with other applicable regulations and standards.

This variance approval resolves the zoning compliance issue for the property and permits the porch structure to remain in place legally.

WILLIAM STEPHEN & ROMI SIMONE HOWARD - variance to reduce front yard

35:00

The board considered agenda item III.B.3, a variance request from William Stephen and Romi Simone Howard to reduce the required front yard setback from 300 feet to 150 feet for the construction of a single-family residence.

Stephen Howard presented the variance request to the board. The Howards sought to reduce the substantial front yard requirement by half to accommodate their proposed home construction on the property.

The board reviewed the application and determined that the variance met the necessary criteria for approval. Following discussion of the request, the board voted to approve the variance with conditions.

The approval allows the Howards to proceed with construction of their single-family residence with the reduced 150-foot front yard setback, rather than the standard 300-foot requirement that would otherwise apply to the property.

MARK HUFNAGEL/SJM HOMES - variance to reduce side street side yard

45:00

The board considered agenda item III.B.4, a variance request from Mark Hufnagel of SJM Homes to reduce the required side street side yard setback from 30 feet to 15 feet for the construction of a new residence.

Mark Hufnagel presented the variance request to the board, seeking approval to reduce the standard setback requirement by half. The variance would allow for the construction of a residence that would otherwise not be permitted under the current zoning requirements.

The board reviewed the application and discussed the merits of the proposed variance. After consideration of the request and any relevant factors, the board voted to approve the variance with conditions.

The approval allows SJM Homes to proceed with construction of the residence using the reduced 15-foot side street side yard setback instead of the standard 30-foot requirement, subject to any conditions imposed by the board as part of their approval.

DENISE EDMONDS - conditional use permit for child care facility

55:00

Denise Edmonds appeared before the board to request a conditional use permit to re-establish a child care facility capable of serving up to 32 children. The request also included a variance for parking requirements associated with the proposed facility.

Edmonds presented her proposal to operate the child care facility, seeking approval to accommodate the specified number of children. The application required both the conditional use permit for the child care operation and a parking variance, indicating that the proposed facility's parking arrangements did not meet standard requirements.

The board reviewed the application and considered the merits of allowing the child care facility to operate with the requested capacity and parking configuration. After deliberation, the board voted to approve Edmonds' request.

The approval came with conditions, though the specific details of those conditions were not detailed in the available materials. The conditional approval suggests the board found the proposal acceptable while requiring certain standards or modifications to be met for the facility's operation.

The successful outcome allows Edmonds to move forward with re-establishing the child care facility for up to 32 children, subject to compliance with the conditions set by the board.

FIRST CORBIN, LLC - transfer of unused wall signage

1:05:00

The board considered agenda item III.D.1, a request from First Corbin, LLC to transfer 15 square feet of unused wall signage to a freestanding sign.

Jacob Walbourn presented the request on behalf of First Corbin, LLC. The company sought to reallocate signage square footage that was not being utilized on their building's wall to create or enhance a freestanding sign on the property.

The board reviewed the proposal and determined that the transfer of the unused signage allocation was appropriate. The request was approved with conditions, though the specific conditions were not detailed in the available meeting materials.

This type of signage transfer allows businesses to better utilize their permitted signage allowances by moving unused square footage from one type of sign to another, providing more flexibility in their advertising and identification needs while staying within overall signage regulations.

The approval enables First Corbin, LLC to proceed with their freestanding sign project using the 15 square feet of signage allocation that was previously designated for wall signage but remained unused.

DENNIS MOORE, MARKUS EMIG, CHERYL TUDOR & BUCK BUSBY - appeal regarding RVs and trailers

1:15:00

The board considered an appeal filed by Dennis Moore, Markus Emig, Cheryl Tudor, and Buck Busby regarding the Division of Planning's decision to allow RVs and trailers for housing workers during church construction.

Markus Emig served as a key speaker during the discussion of this agenda item. The appeal challenged the planning division's approval of temporary housing accommodations in the form of recreational vehicles and trailers, which were intended to house construction workers involved in a church building project.

The board did not reach a final decision on the appeal during this meeting. Instead, they chose to postpone consideration of the matter to allow for additional review and preparation. The item was tabled and rescheduled for the January 27, 2017 hearing, giving all parties more time to present their cases and allowing the board to thoroughly examine the issues raised in the appeal.

This postponement suggests the complexity of the matter and the board's desire to ensure proper consideration of all aspects of the appeal before making a determination on whether to uphold or overturn the Division of Planning's original decision regarding the temporary RV and trailer housing arrangement.