Board of Adjustment

Summary

Meeting Overview

The Urban County Board of Adjustment convened on December 16, 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 five agenda items during the session, including variance requests, conditional use permits, and an administrative appeal. All five matters brought before the board were approved, with the board taking a total of eight votes throughout the meeting. No public comments were heard during this session, allowing the board to focus on the business items before them.

Attendance

The meeting on December 16, 2016 had five members present and two members absent.

Present: • Barry Stumbo • Thomas Glover • Branden Gross • Chad Needham • Larry Forester

Absent: • Joan Whitman • Jan Meyer

No members arrived late to the meeting.

Votes and Decisions

The board took action on eight items during the December 16, 2016 meeting, with all votes being unanimous except for one abstention.

Postponements - PLN-BOA-16-00037: Motion by Thomas Glover, seconded by Larry Forester, to postpone Kroger Company's conditional use permit request. Passed unanimously 5-0. 0:00 - PLN-BOA-16-00051: Motion by Branden Gross, seconded by Thomas Glover, to postpone Chris Harrison's (Speedwash Car Wash) conditional use permit request. Passed unanimously 5-0. 0:00

Approvals - PLN-BOA-16-00053: Motion by Chad Needham, seconded by Branden Gross, to approve Doug Tackett's variance request to increase setback. Passed unanimously 5-0, subject to four conditions outlined by staff. 0:00 - PLN-BOA-16-00047: Motion by Thomas Glover, seconded by Larry Forester, to approve The Art of Soccer's conditional use permit request. Passed unanimously 5-0, subject to three conditions outlined by staff. 0:00 - PLN-BOA-16-00050: Motion by Larry Forester, seconded by Thomas Glover, to approve WAGJ, LLC's conditional use permit request. Passed unanimously 5-0, subject to three conditions outlined by staff. 0:00 - PLN-BOA-16-00052: Motion by Thomas Glover, seconded by Branden Gross, to approve Landscape Enhancements/Ryan Johnson's variance request. Passed unanimously 5-0, subject to five conditions with added language in condition #2. 0:00 - PLN-BOA-16-00049: Motion by Chad Needham, seconded by Larry Forester, to approve Patricia Ehrkamp's administrative appeal. Passed 4-0 with one abstention (Branden Gross), based on two new findings. 0:00

Administrative Matter - Motion by Thomas Glover, seconded by Larry Forester, to adopt the 2017 Meeting & Filing Schedule. Passed unanimously 5-0. 0:00

All voting members present were Barry Stumbo, Thomas Glover, Branden Gross, Chad Needham, and Larry Forester.

Appointments

The council addressed one appointment matter during the December 16, 2016 meeting.

• Barry Stumbo resigned from the Urban County Board of Adjustment

The resignation of Barry Stumbo from the Urban County Board of Adjustment was acknowledged by the council. No additional details were provided regarding the circumstances of the resignation or plans for filling the vacant position.

Contested Items

The December 16, 2016 meeting included one contested item that generated community opposition.

Landscape Enhancements/Ryan Johnson Variance Request

A variance request submitted by Ryan Johnson for landscape enhancements faced opposition from community members. The disagreement centered on concerns about potential disruption to the neighborhood that could result from the proposed project.

The opposition was formally documented through a letter submitted to the meeting, expressing residents' concerns about how the landscape enhancement project might negatively impact the surrounding area. The specific nature of the potential disruption and the exact details of Johnson's variance request were not elaborated upon in the available meeting materials.

The outcome of this contested item and how the governing body addressed the community opposition was not specified in the provided documentation.

Landscape Enhancements/Ryan Johnson variance request

0:00

The Board of Adjustment considered case PLN-BOA-16-00052, a variance request from Landscape Enhancements and Ryan Johnson to reduce the required front yard setback from 20 feet to 7 feet for a building located in a Light Industrial zone.

Key speakers during the discussion included Robert Ryan and Ryan Johnson, who presented the variance request to the board. The applicants sought approval to construct or modify a building that would be positioned significantly closer to the front property line than typically permitted under the current zoning regulations.

The variance would allow the building to be set back only 7 feet from the front yard boundary, representing a substantial reduction of 13 feet from the standard 20-foot setback requirement established for Light Industrial zoning districts. This type of variance request typically requires demonstration of hardship or unique circumstances that justify the deviation from established setback standards.

Following the presentation and any discussion of the merits of the request, the Board of Adjustment voted to approve the variance. The approval allows Landscape Enhancements and Ryan Johnson to proceed with their building plans at the reduced setback distance, provided they comply with any conditions that may have been attached to the approval and obtain all other necessary permits and approvals for the project.

The successful outcome enables the applicants to move forward with their development plans while maintaining a building placement that differs from the standard zoning requirements for the Light Industrial district.

Doug Tackett variance request

0:00 The Board of Adjustment considered case PLN-BOA-16-00053, a variance request submitted by Doug Tackett to increase the maximum allowable setback from 20 feet to 43 feet for a building in a Neighborhood Business zone.

Doug Tackett presented his request to the board, seeking permission to exceed the standard setback requirements for his property. The variance would allow a building to be positioned 43 feet from the property line, significantly beyond the typical 20-foot maximum setback allowed in Neighborhood Business zoning districts.

Rebecca Burnworth also participated in the discussion of this agenda item, though the specific nature of her involvement was not detailed in the available materials.

The variance request represents a substantial deviation from standard zoning requirements, as the proposed 43-foot setback is more than double the normally permitted distance. Such setback variances in commercial zones typically require demonstration of practical difficulties or hardships that would prevent compliance with standard zoning requirements.

Following consideration of the request and any supporting documentation or testimony presented, the Board of Adjustment approved the variance. This approval grants Tackett permission to proceed with his building plans using the increased 43-foot setback rather than being constrained by the standard 20-foot limitation.

The approval of PLN-BOA-16-00053 allows for the development to move forward with the modified setback requirements, providing flexibility for the property owner while maintaining the board's oversight of zoning compliance in the Neighborhood Business district.

The Art of Soccer conditional use permit

The Board of Adjustment reviewed application PLN-BOA-16-00047, a request for a conditional use permit to operate an indoor recreational facility for soccer training in a Light Industrial zone 0:00.

Cary Tsamas presented the application for The Art of Soccer, seeking approval to establish an indoor soccer training facility in the Light Industrial zoning district. The proposal involved converting existing industrial space for recreational use, which required a conditional use permit under the zoning code.

The application requested permission to operate a soccer training facility that would provide indoor recreational services. The Light Industrial zone typically accommodates manufacturing and industrial uses, making the recreational facility use subject to conditional use permit requirements to ensure compatibility with the surrounding area.

The Board of Adjustment approved the conditional use permit for The Art of Soccer indoor recreational facility. The approval allows the applicant to proceed with establishing the soccer training facility in the Light Industrial zone, subject to any conditions that may have been attached to the permit.

This approval enables The Art of Soccer to move forward with their plans to provide indoor soccer training services at the proposed location, having satisfied the Board's requirements for operating a recreational facility in an industrial zoning district.

WAGJ, LLC conditional use permit

0:00

The Board of Adjustment considered application PLN-BOA-16-00050, a request by WAGJ, LLC for a conditional use permit to operate a veterinary clinic and small animal hospital in a Neighborhood Business zone.

Dick Murphy served as a key speaker during the discussion of this agenda item. The application sought approval to establish veterinary services in an area zoned for neighborhood business use, which required conditional use permit approval under local zoning regulations.

The proposed veterinary clinic and small animal hospital would provide medical care and treatment services for pets and other small animals within the community. The Neighborhood Business zoning designation typically allows for commercial uses that serve local residents, though specialized medical facilities like veterinary clinics require additional review through the conditional use permit process.

The Board of Adjustment ultimately approved the conditional use permit request, allowing WAGJ, LLC to proceed with establishing the veterinary clinic and small animal hospital at the proposed location. This approval enables the business to operate within the regulatory framework established for the Neighborhood Business zone while meeting the specific requirements and conditions associated with veterinary services.

The approval of this conditional use permit will bring veterinary services to the neighborhood business district, providing local residents with convenient access to pet medical care and animal health services.

Patricia Ehrkamp administrative appeal

0:00

The board considered administrative appeal PLN-BOA-16-00049 submitted by Patricia Ehrkamp regarding proposed additions to an existing nonconforming residence. The appeal sought approval to add a first floor rear porch and a second floor living/bedroom area to the property.

Jack Stewart served as the key speaker presenting information about the appeal to the board members. The case involved modifications to a residence that did not conform to current zoning requirements, necessitating board review and approval for the proposed additions.

The appeal specifically addressed two structural additions: expanding the rear of the property with a ground-level porch and adding living space on the second floor that would include bedroom accommodations. These improvements required administrative appeal approval due to the property's nonconforming status under existing zoning regulations.

Following the presentation and board discussion, the administrative appeal was approved, allowing Patricia Ehrkamp to proceed with the planned additions to her nonconforming residence. The approval permits construction of both the first floor rear porch and the second floor living/bedroom area as outlined in the original appeal application.