Board of Adjustment

Summary

Meeting Overview

The Board of Adjustment convened on January 27, 2017, at 1:30 PM in the Council Chambers at 200 East Main Street in Lexington, Kentucky, with Thomas Glover presiding as the meeting officer. The board addressed four agenda items, all involving appeals related to variance and conditional use permits for local businesses. During the session, the board took four votes and heard one public comment from attendees.

The meeting resulted in the approval of three appeals: the RIMTYME Variance Appeal, the CHAMPS ENTERTAINMENT COMPLEX Conditional Use Appeal, and the VILLAGE ANIMAL HOSPITAL, LLC Conditional Use Appeal. However, the KROGER COMPANY Conditional Use Appeal was postponed for future consideration. The board's actions demonstrate their ongoing role in reviewing zoning decisions and providing businesses with opportunities to appeal administrative determinations regarding land use and development requirements in Lexington.

Attendance

The following members were present at the meeting on January 27, 2017:

• Thomas Glover
• Branden Gross
• Chad Needham
• Larry Forester
• Joan Whitman
• Jan Meyer

No members were reported as absent or late for this meeting.

Votes and Decisions

The board considered four applications during the meeting, with three approvals and one postponement.

PLN-BOA-16-00056 - RIMTYME Variance Request 15:30 Branden Gross motioned to approve RIMTYME's request for a variance to reduce the required perimeter boundary setback from 50 feet to 10 feet, seconded by Chad Needham. The motion passed unanimously 6-0, with all members voting in favor: Thomas Glover, Branden Gross, Chad Needham, Larry Forester, Joan Whitman, and Jan Meyer. The approval was subject to conditions in the staff report.

PLN-BOA-16-00054 - CHAMPS ENTERTAINMENT COMPLEX Conditional Use Permit 45:00 Larry Forester motioned to approve CHAMPS ENTERTAINMENT COMPLEX's request for a conditional use permit to amend previously imposed conditions, seconded by Joan Whitman. The motion passed unanimously 6-0, with all six board members voting in favor. The approval omitted condition #3 and amended condition #4 to add 'spirits'.

PLN-BOA-16-00055 - VILLAGE ANIMAL HOSPITAL Conditional Use Permit 60:00 Jan Meyer motioned to approve VILLAGE ANIMAL HOSPITAL, LLC's request for a conditional use permit to establish a small animal hospital/veterinary clinic, seconded by Joan Whitman. The motion passed unanimously 6-0, with all board members voting in favor. The approval was subject to the four conditions recommended by staff.

PLN-BOA-16-00037 - KROGER COMPANY Conditional Use Permit 90:00 Jan Meyer motioned to postpone KROGER COMPANY's request for a conditional use permit to construct a new parking lot and driveways until the March 31, 2017 hearing, seconded by Larry Forester. The motion to postpone passed 4-2 in a roll call vote. Voting in favor were Thomas Glover, Branden Gross, Larry Forester, and Jan Meyer. Voting against were Joan Whitman and Chad Needham.

Public Comment

One member of the public addressed the meeting during the public comment period.

Amy Clark spoke regarding the Kroger Company application 120:00. Clark discussed the commercial corridor study and emphasized the potential value this information could provide to citizens when reviewing the traffic impact study. Her comments focused on how the corridor study data could assist community members in better understanding and evaluating the traffic-related implications of the proposed Kroger development.

Appointments

The meeting included several appointments to the Board of Adjustment. Three individuals were either appointed or reappointed to serve on this municipal board.

The appointments were as follows:

• Branden Gross was appointed to the Board of Adjustment
• Thomas Glover was reappointed to the Board of Adjustment
• Joan Whitman was reappointed to the Board of Adjustment

These appointments ensure continued representation on the Board of Adjustment, with one new member joining two returning members who were selected to continue their service.

Contested Items

The meeting featured one contested item that generated significant community opposition and resulted in a postponement of the decision.

Kroger Company Conditional Use Appeal

The Kroger Company's request for a conditional use permit faced substantial community opposition during the meeting. The nature of the disagreement centered around the company's conditional use application, though the specific details of what type of development or modification Kroger was seeking were not specified in the available records.

The level of community opposition was significant enough to influence the proceedings, with residents or stakeholders expressing concerns about the proposed conditional use. This opposition created enough controversy that the decision-making body chose not to proceed with a vote on the matter during this meeting.

As a result of the community pushback, the decision on the Kroger Company's conditional use appeal was postponed. This postponement allowed for additional time to address community concerns and potentially seek resolution between the applicant and opposing parties before bringing the matter back for consideration at a future meeting.

The postponement demonstrates the impact that organized community opposition can have on municipal decision-making processes, particularly when it comes to conditional use permits that may affect local neighborhoods or business districts.

*Note: Specific transcript timestamps are not available for this contested item discussion.*

RIMTYME Variance Appeal

15:30

The board considered agenda item III.B.1, a variance request from RIMTYME to reduce the required perimeter boundary setback from 50 feet to 10 feet in a Planned Shopping Center (B-6P) zone.

Adam Bender served as the key speaker for this agenda item, presenting the case for the variance reduction. The request sought to significantly decrease the standard setback requirement by 40 feet, from the typical 50-foot perimeter boundary setback down to just 10 feet.

This type of variance is common in commercial zoning situations where property owners seek to maximize their usable land area within the constraints of existing lot configurations. The Planned Shopping Center (B-6P) zoning designation typically requires larger setbacks to provide adequate buffering between commercial activities and adjacent properties.

The board ultimately approved the variance request, allowing RIMTYME to proceed with the reduced 10-foot setback rather than adhering to the standard 50-foot requirement. This approval enables the applicant to utilize more of their property for their intended commercial use while still maintaining some boundary separation.

The approval of this variance represents a standard municipal process where property owners can request modifications to zoning requirements when they can demonstrate that strict adherence to the original requirements would create unnecessary hardship or prevent reasonable use of their property.

CHAMPS ENTERTAINMENT COMPLEX Conditional Use Appeal

45:00

The council considered agenda item III.C.3, a request to amend previously imposed conditions for operation of Champs Entertainment Complex and allow continued operation under different ownership.

Joe Champa served as the key speaker for this conditional use appeal. The request centered on modifying existing operational conditions that had been placed on the entertainment complex and securing approval for the facility to continue operating under new ownership.

The appeal sought to address specific conditions that had been previously imposed on the Champs Entertainment Complex, though the exact nature of these conditions was not detailed in the available materials. The ownership change required council approval to ensure continuity of operations while maintaining appropriate oversight of the entertainment venue.

Following discussion of the appeal, the council approved the request. This approval allows the Champs Entertainment Complex to continue operations under the new ownership structure while operating under the amended conditions as presented in the appeal.

The approval ensures the entertainment complex can maintain its operations during the ownership transition while addressing any regulatory requirements that had been previously established for the facility.

VILLAGE ANIMAL HOSPITAL, LLC Conditional Use Appeal

60:00

The board considered agenda item III.C.4, a conditional use appeal from Village Animal Hospital, LLC requesting approval to establish a small animal hospital and veterinary clinic in a Professional Office (P-1) zoned area.

Kim Sears served as the key speaker presenting the request to the board. The proposal involved establishing veterinary services in a zone typically designated for professional office uses, which required conditional use approval due to the specialized nature of animal hospital operations.

The application sought permission to operate a small animal hospital and veterinary clinic, which would provide medical care and treatment services for pets and other small animals. Such facilities typically require special considerations for parking, waste management, noise control, and compatibility with surrounding professional office uses.

The board reviewed the conditional use request and determined that the proposed veterinary clinic met the necessary criteria for approval in the P-1 zone. The application was approved, allowing Village Animal Hospital, LLC to proceed with establishing their small animal hospital and veterinary clinic at the proposed location.

This approval enables the veterinary practice to serve the community's pet care needs while operating within the professional office district, subject to any conditions or requirements established as part of the conditional use permit.

KROGER COMPANY Conditional Use Appeal

90:00

The board considered agenda item III.C.1, a conditional use appeal from the Kroger Company requesting permission to construct a new parking lot and driveways in a Neighborhood Business (B-1) zone.

Bruce Simpson served as the key speaker for this agenda item, presenting the company's request to the board.

The specific details of the proposed parking lot construction, including location, size, and design specifications, were not elaborated upon in the available meeting materials. Similarly, the reasons for the conditional use appeal requirement and any initial concerns that may have prompted the appeal process were not detailed in the extracted information.

Following the presentation and any discussion that may have occurred, the board decided to postpone action on the Kroger Company's conditional use appeal. The reasons for the postponement and any timeline for when the item might return for consideration were not specified in the available materials.

The postponement suggests that additional information, review, or consideration may be needed before the board can make a final determination on the Kroger Company's request to construct the new parking lot and driveways in the B-1 zoned area.