Board of Adjustment

Summary

Meeting Overview

The Board of Adjustment convened on February 24, 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 seven agenda items during the session, including variance requests, conditional use permits, and administrative appeals. The board took seven votes throughout the meeting and heard one public comment from attendees. Of the seven matters considered, six were approved and one was postponed for future consideration. The approved items included a variance request by Vincent Zhou, conditional use permits for Bryan Station Baptist Church, Duke Road Personal Care LLC, and YMCA of Central Kentucky, as well as administrative appeals for The Summit and Eddie Hunt, while the conditional use permit for Total Grace Church was postponed to a later date.

Attendance

Present: • Thomas Glover • Chad Needham • Joan Whitman • Jan Meyer

Absent: • Branden Gross • Larry Forester • Harry Clarke

Late: None

Four members were present for the February 24, 2017 meeting, while three members were absent. No members arrived late to the meeting.

Votes and Decisions

The board considered seven items during the meeting, approving six applications and postponing one.

PLN-BOA-17-00010 2:24: Joan Whitman motioned to approve Vincent Zhou's variance request to reduce the required setback for a parking area, seconded by Chad Needham. The motion passed unanimously 4-0, with votes from Thomas Glover, Chad Needham, Joan Whitman, and Jan Meyer. The approval included the condition that "the basketball goal or another physical barrier shall remain at the shared edge of the private walkway and the new paving."

PLN-BOA-17-00006 2:35: Jan Meyer motioned to approve Bryan Station Baptist Church's conditional use permit for a school, seconded by Joan Whitman. The motion passed unanimously 4-0. The approval limited enrollment to no more than 40 students and required all necessary permits and licenses to be obtained.

PLN-BOA-17-00004 2:45: Joan Whitman motioned to approve The Summit's administrative appeal to transfer unused signage, seconded by Chad Needham. The motion passed unanimously 4-0, with the condition that proposed signage be established according to the submitted application and site plan.

PLN-BOA-17-00001 2:55: Chad Needham motioned to approve Eddie Hunt's administrative appeal to allow continued use of a second kitchen, seconded by Jan Meyer. The motion passed unanimously 4-0, with the condition that the second kitchen not be rented out or used as a separate living unit.

PLN-BOA-17-00007 3:05: Chad Needham motioned to postpone Total Grace Church's conditional use permit for church and parking expansion, seconded by Jan Meyer. The postponement was approved unanimously 4-0.

PLN-BOA-17-00003 3:15: Chad Needham motioned to approve Duke Road Personal Care, LLC's conditional use permit to modify and expand a rest home, seconded by Jan Meyer. The motion passed unanimously 4-0, requiring development according to the submitted application and site plan.

PLN-BOA-17-00002 3:25: Chad Needham motioned to approve YMCA of Central Kentucky's conditional use permit to convert rooms into offices and expand parking, seconded by Jan Meyer. The motion passed unanimously 4-0, with parking lot expansion required to comply with the submitted site plan.

Public Comment

During the public comment period, one speaker addressed the board.

Dr. Lisa Gannoe spoke regarding a revocation hearing request 3:45. Dr. Gannoe requested that the board initiate a revocation hearing for a property located at 7524 Old Richmond Road. She cited non-compliance with previously established conditions and raised concerns about structural issues at the property as the basis for her request.

Contested Items

The meeting featured one contested item that could not be resolved due to procedural constraints.

Revocation Hearing Request for 7524 Old Richmond Road

Dr. Lisa Gannoe requested a revocation hearing for the property at 7524 Old Richmond Road, citing non-compliance with previously established conditions and raising structural concerns about the development. This request represented community opposition to the current state of the property and its adherence to approved plans.

The nature of the contest centered on allegations that the property owner had failed to meet the conditions that were part of the original approval process. Dr. Gannoe's concerns also extended to structural issues that had apparently developed or been identified since the initial approval.

However, the board was unable to take any action on this revocation hearing request due to a lack of quorum at the meeting. Without sufficient board members present to constitute a quorum, no formal decisions could be made regarding Dr. Gannoe's request, leaving the matter unresolved and requiring future consideration when proper attendance could be achieved.

The inability to address this contested item due to quorum issues meant that the community concerns raised by Dr. Gannoe regarding 7524 Old Richmond Road would need to be revisited at a subsequent meeting with adequate board member participation.

Variance request by Vincent Zhou

2:24

The Board of Appeals considered case PLN-BOA-17-00010, a variance request submitted by Vincent Zhou. Zhou requested two specific variances for his property: reducing the required setback for a parking area from 6 feet to 0 feet, and eliminating the required separation between the private walkway and parking area.

Vincent Zhou served as the key speaker presenting his case to the board. The variance request involved modifications to standard parking and walkway requirements that would allow for different spatial arrangements on his property than what is typically mandated by city ordinances.

The board reviewed Zhou's request and the specific circumstances of his property that warranted consideration of the variance. The discussion centered on the practical implications of reducing the parking area setback to zero feet and removing the separation requirement between the walkway and parking spaces.

After deliberation, the Board of Appeals approved Vincent Zhou's variance request, granting him permission to proceed with the reduced setback requirements and elimination of the walkway-parking separation mandate. This approval allows Zhou to move forward with his project under the modified spatial requirements rather than the standard ordinance specifications.

Conditional use permit for Bryan Station Baptist Church

2:35

The board considered application PLN-BOA-17-00006, a conditional use permit request from Bryan Station Baptist Church to operate a school for academic instruction in the Agricultural Rural zone.

Brent Spears served as the key speaker for this agenda item, presenting the church's proposal to the board.

The church sought approval to establish an educational facility that would provide academic instruction within the Agricultural Rural zoning district. This type of use requires a conditional use permit in this zone, necessitating board review and approval.

The board approved the conditional use permit for Bryan Station Baptist Church, allowing them to proceed with their plans for the school facility. The approval enables the church to operate an academic instruction program in compliance with the Agricultural Rural zone requirements.

Administrative appeal for The Summit

2:45

The Board of Adjustment reviewed case PLN-BOA-17-00004, an administrative appeal submitted by The Summit regarding signage regulations. The appeal sought to transfer unused signage allowances to permit larger freestanding signs on the property.

Key speakers during the discussion included Aaron Anderkin and Craig Harris, who presented the case details and rationale for the requested signage modifications. The Summit's proposal involved reallocating their permitted signage square footage from unused portions of their signage allowance to create larger freestanding signs that would better serve their business needs.

The administrative appeal process allowed The Summit to challenge the initial staff interpretation of signage regulations and seek alternative compliance with municipal sign ordinances. The applicant demonstrated that the proposed signage transfer would remain within overall allowable limits while providing more effective visibility for their establishment.

Following presentation of the case and discussion among board members, the Board of Adjustment approved the administrative appeal. This decision granted The Summit permission to proceed with their proposed signage modifications, allowing them to transfer unused signage allocations to create the larger freestanding signs as requested.

The approval enables The Summit to move forward with their signage plans while maintaining compliance with local ordinance requirements through the approved transfer mechanism.

Administrative appeal for Eddie Hunt

2:55

The Board of Appeals considered case PLN-BOA-17-00001, an administrative appeal submitted by Eddie Hunt regarding the continued use of a previously authorized second kitchen in a single family residence.

Eddie Hunt appeared before the board to present his appeal, requesting permission to maintain a second kitchen that had been previously approved but was now subject to administrative review. The appeal centered on allowing the continued operation of this additional kitchen facility within his single family home.

The board reviewed Hunt's request and the circumstances surrounding the previously authorized second kitchen. The discussion focused on the existing authorization and the administrative requirements for maintaining such a facility in a residential setting.

Following consideration of the appeal and Hunt's presentation, the Board of Appeals approved the administrative appeal. This decision allows Hunt to continue using the second kitchen in his single family residence as previously authorized.

The approval of PLN-BOA-17-00001 resolves the administrative matter and permits the ongoing operation of the second kitchen facility under the terms of the original authorization.

Conditional use permit for Total Grace Church

3:05

The Board of Adjustment considered agenda item PLN-BOA-17-00007, a conditional use permit application from Total Grace Church to expand their existing church facility and parking area.

Shirrod LeDet served as a key speaker during the discussion of this agenda item. The church's request involved expanding both the physical structure of the existing church building and the associated parking facilities to accommodate their congregation's needs.

The conditional use permit application required board review as church expansions typically involve considerations of traffic impact, parking adequacy, and compatibility with surrounding land uses. Such permits allow religious institutions to modify or expand their facilities while ensuring compliance with local zoning requirements and community standards.

Following discussion of the application, the Board of Adjustment decided to postpone action on PLN-BOA-17-00007. The postponement suggests that additional information, documentation, or analysis may have been needed before the board could make a final determination on the conditional use permit request.

The postponement allows Total Grace Church additional time to address any outstanding issues or provide supplementary materials that may be required for the board's review. It also provides the board opportunity to conduct further evaluation of the proposed expansion's potential impacts on the surrounding area.

No final decision was reached during this meeting regarding the church's conditional use permit application for the facility and parking expansion project.

Conditional use permit for Duke Road Personal Care, LLC

3:15

The board considered agenda item PLN-BOA-17-00003, a conditional use permit application from Duke Road Personal Care, LLC to modify and expand an existing rest home facility.

Solomon VanMeter served as the key speaker presenting information about the proposed modifications and expansion to the rest home. The application sought approval to make changes to the existing facility to better serve residents and potentially increase capacity.

The conditional use permit was approved by the board, allowing Duke Road Personal Care, LLC to proceed with their planned modifications and expansion of the rest home facility.

*Note: Limited details were available in the source materials regarding specific aspects of the proposed modifications, community concerns, or detailed board discussion on this agenda item.*

Conditional use permit for YMCA of Central Kentucky

3:25

The board considered conditional use permit application PLN-BOA-17-00002 for the YMCA of Central Kentucky. The application requested permission to convert existing multi-purpose rooms into offices and expand the existing parking lot at the facility.

Charlie Schneider served as the key speaker presenting information about the YMCA's proposal during the discussion.

The conditional use permit was approved by the board, allowing the YMCA of Central Kentucky to proceed with their planned conversion of multi-purpose rooms to office space and the expansion of their parking facilities.