Board of Adjustment

Summary

Meeting Overview

The Urban County Board of Adjustment convened on April 28, 2017, at 1:30 PM in the Council Chambers at 200 East Main Street in Lexington, Kentucky, with Branden Gross presiding as the meeting officer. The board addressed nine agenda items, primarily consisting of conditional use appeals and variance requests from various religious organizations, businesses, and individuals, along with one revocation hearing. During the session, the board conducted nine motions and votes while hearing five public comments from attendees. The meeting resulted in mixed outcomes: two appeals were approved (Lexington Primitive Baptist Church and Masjid Bilal), one was denied (Southern Oak, LLC), three were postponed (Jake Riordan's variance appeal, Newton's Attic, LLC, and Fairhaven Baptist Church), one was withdrawn (Darby Dan Farm), one was tabled (Immanuel Baptist Church), and one revocation hearing resulted in the revocation of permits for Aaron Jamison/Marvin Feldpausch.

Attendance

The following members were present at the meeting on April 28, 2017:

• Branden Gross
• Thomas Glover
• Chad Needham
• Harry Clarke
• Larry Forester
• Jan Meyer

Absent: • Joan Whitman

No members arrived late to the meeting.

Votes and Decisions

The board conducted nine votes during the April 28, 2017 meeting, with most items receiving unanimous approval or postponement 0:00.

Administrative Items The board unanimously approved the minutes from the March 31, 2017 meeting on a motion by Jan Meyer, seconded by Chad Needham, with all six members voting in favor.

Postponements and Continuations Four cases were postponed or continued to future meetings: • PLN-BOA-17-00013: Jake Riordan's variance request was unanimously postponed until June 30, 2017, on a motion by Larry Forester, seconded by Harry Clarke • PLN-BOA-17-00023: Fairhaven Baptist Church's conditional use permit was unanimously postponed until May 19, 2017, on a motion by Jan Meyer, seconded by Larry Forester • PLN-BOA-17-00021: Newton's Attic, LLC's conditional use permit was unanimously postponed until May 19, 2017, on a motion by Harry Clarke, seconded by Chad Needham (5-0 vote) • PLN-BOA-17-00016: Immanuel Baptist Church's conditional use permit was unanimously continued until May 19, 2017, on a motion by Jan Meyer, seconded by Harry Clarke (5-0 vote)

Approvals Two conditional use permits were unanimously approved with conditions: • PLN-BOA-17-00020: Lexington Primitive Baptist Church received approval subject to three conditions on a motion by Thomas Glover, seconded by Chad Needham (6-0 vote) • PLN-BOA-17-00022: Masjid Bilal received approval subject to three conditions on a motion by Chad Needham, seconded by Larry Forester (6-0 vote)

Denials • PLN-BOA-17-00015: Southern Oak, LLC's conditional use permit was unanimously denied (0-6 vote) on a motion by Jan Meyer, seconded by Thomas Glover

Revocation • CV-2006-20: The board voted 4-1 to revoke Aaron Jamison/Marvin Feldpausch's conditional use permit on a motion by Chad Needham, seconded by Harry Clarke. Thomas Glover, Chad Needham, Harry Clarke, and Larry Forester voted in favor, while Branden Gross voted against. The revocation does not include razing the building.

Public Comment

Five residents spoke during the public comment period, all addressing the same issue regarding a conditional use permit for a greenhouse facility 0:00.

Charles Martin requested the revocation of the conditional use permit for a greenhouse, citing non-compliance with permit conditions and adverse impacts on the surrounding neighborhood 0:00.

Mary Diane Hanna argued that the greenhouse is incompatible with the surrounding residential properties and requested that the permit be revoked 0:00.

Walt Gaffield discussed the facility's lack of compliance with conditional use requirements and expressed support for revoking the permit 0:00.

Wayne Mitchell raised concerns about the lack of use and maintenance of the greenhouse property, also supporting permit revocation 0:00.

Dr. Lisa Gannoe requested both the revocation of the conditional use permit and removal of the greenhouse structure, citing non-compliance issues and adverse impacts on the area 0:00.

All five speakers presented a unified position opposing the continued operation of the greenhouse under its current conditional use permit, with common themes including non-compliance with permit conditions, incompatibility with the residential neighborhood character, and negative impacts on surrounding properties.

Contested Items

Two conditional use permit matters faced significant community opposition during the April 28, 2017 meeting, both resulting in decisions against the applicants.

Southern Oak, LLC Drive-Through Request

Southern Oak, LLC's application for a conditional use permit to add a drive-through window encountered substantial community resistance. The proposal faced organized opposition from local residents who raised concerns about the potential impact of the drive-through facility on their neighborhood. Despite the applicant's presentation, the community opposition proved decisive, and the permit request was ultimately denied by the board.

Aaron Jamison/Marvin Feldpausch Greenhouse Permit Revocation

The second contested matter involved the revocation of an existing conditional use permit held by Aaron Jamison and Marvin Feldpausch for a greenhouse operation. Community members voiced strong opposition to the continued existence of the greenhouse facility, citing various concerns about its ongoing operations. The sustained community pressure and formal objections led to the board's decision to revoke the previously granted conditional use permit, effectively requiring the cessation of the greenhouse operations.

Both cases demonstrated the significant influence of organized community opposition in the conditional use permit process. The meeting highlighted the tension between business development interests and neighborhood concerns, with community voices ultimately prevailing in both instances. The outcomes reflected the board's responsiveness to constituent concerns when evaluating the appropriateness of conditional land uses in residential or mixed-use areas.

Variance Appeal by Jake Riordan

0:00

Jake Riordan submitted a variance appeal requesting to increase the maximum front setback for two lots. The agenda item III.B.1 was presented during the meeting with Nick Nicholson serving as the key speaker for the discussion.

Staff recommended postponing consideration of Riordan's variance request due to unresolved issues that had not been adequately addressed prior to the meeting. The specific details of the variance requirements or the nature of the unresolved issues were not elaborated upon in the available meeting materials.

The board ultimately accepted the staff recommendation and postponed the variance appeal. This postponement allows additional time for the outstanding issues to be resolved before the matter returns for consideration at a future meeting.

The variance request involved modifications to front setback requirements, which typically govern how far structures must be positioned from the front property line. Such variances are commonly sought when property owners need flexibility in building placement due to lot configuration, existing structures, or other site-specific constraints.

No additional speakers were identified as participating in the discussion of this agenda item, and the postponement was the final outcome for Riordan's variance appeal at this meeting.

Conditional Use Appeal by Darby Dan Farm

0:00

Darby Dan Farm had submitted a conditional use appeal to establish a farm gift shop on their property. However, the agenda item was brief as the applicant withdrew their request before any substantive discussion could take place.

Nick Nicholson addressed the matter, confirming that Darby Dan Farm had voluntarily withdrawn their conditional use permit application. No details were provided regarding the reasons for the withdrawal or the specifics of the proposed farm gift shop that had been under consideration.

Outcome: The conditional use appeal was withdrawn by the applicant, Darby Dan Farm, removing the item from further consideration by the board.

Conditional Use Appeal by Southern Oak, LLC

0:00

The board considered agenda item III.C.2, a conditional use appeal by Southern Oak, LLC for a drive-through window permit. The company had applied for conditional use approval to add a drive-through service to their facility.

Staff presented their analysis and recommended disapproval of the conditional use permit. The primary concern cited by staff was potential traffic impacts that could result from the proposed drive-through operation. Staff determined that the additional vehicle circulation and queuing associated with drive-through service could create traffic safety or congestion issues in the area.

Key speakers during the discussion included David Royse and Jacob Walburn, who addressed various aspects of the proposal and staff recommendation.

Following the presentation and discussion of the traffic concerns and other relevant factors, the board voted to deny Southern Oak, LLC's conditional use appeal. The denial upheld the staff's recommendation against approving the drive-through window permit, meaning the company would not be authorized to proceed with their proposed drive-through service under the current application.

The decision reflected the board's agreement with staff's assessment that the traffic impacts associated with the drive-through operation presented sufficient concerns to warrant denial of the conditional use permit.

Conditional Use Appeal by Immanuel Baptist Church

0:00

The board considered agenda item III.C.3, a conditional use appeal submitted by Immanuel Baptist Church. The church requested an amended conditional use permit to expand their on-site parking facilities.

Greg Thornton served as a key speaker during the discussion of this matter. The church's proposal involved modifications to their existing conditional use permit to accommodate additional parking spaces on their property.

During the hearing, concerns were raised that required further consideration before the board could make a final determination on the church's request. The specific nature of these concerns was not detailed in the available materials, but they were significant enough to prevent immediate action on the application.

Due to the issues that emerged during the discussion, the board decided to continue the hearing to a future date. This continuation will allow time to address the concerns that were raised and provide the church with an opportunity to respond to any outstanding questions or requirements.

The outcome of this agenda item was that it was tabled, meaning no final decision was made on Immanuel Baptist Church's conditional use appeal at this meeting. The matter will be revisited at a subsequent meeting once the identified concerns have been properly addressed.

This type of conditional use permit amendment is common when religious institutions need to expand their facilities or parking to better serve their congregations while ensuring compliance with local zoning requirements and addressing any potential impacts on the surrounding community.

Conditional Use Appeal by Lexington Primitive Baptist Church

0:00

The board considered agenda item III.C.4, a conditional use appeal submitted by Lexington Primitive Baptist Church seeking permission to expand their existing church facility.

Alan Hisle presented the case on behalf of the church. The application requested a conditional use permit that would allow the congregation to proceed with expansion plans for their current church building.

Staff had reviewed the proposal and provided a recommendation of approval for the conditional use permit. The staff analysis determined that the proposed church expansion met the necessary requirements and standards for approval under the applicable zoning regulations.

The board discussed the merits of the application, considering factors such as the impact on the surrounding area, compliance with zoning requirements, and the appropriateness of the proposed expansion for the existing church use.

Following the presentation and discussion, the board voted to approve the conditional use permit for Lexington Primitive Baptist Church. This approval allows the church to move forward with their planned expansion project in accordance with the terms and conditions outlined in the permit.

The approval enables the congregation to enhance their facilities to better serve their community while maintaining compliance with local zoning and land use regulations.

Conditional Use Appeal by Newton's Attic, LLC

0:00

Newton's Attic, LLC submitted a conditional use permit application for a proposed building intended for academic instruction purposes. The agenda item III.C.5 was scheduled for discussion during the meeting.

However, the application did not proceed to full consideration during this session. Instead, the matter was postponed without detailed discussion or presentation of the proposal's specifics.

No key speakers were identified for this agenda item, and no substantive debate or concerns were recorded regarding the conditional use permit request. The academic instruction facility proposal by Newton's Attic, LLC will need to be rescheduled for future consideration by the governing body.

Outcome: The conditional use permit application was postponed to a future meeting date.

Conditional Use Appeal by Masjid Bilal

0:00

The board considered agenda item III.C.6, a conditional use appeal submitted by Masjid Bilal seeking permission to establish a cemetery. Kevin Palley served as a key speaker during the discussion of this matter.

Masjid Bilal had applied for a conditional use permit that would allow them to operate a cemetery facility. The proposal underwent staff review as part of the standard conditional use permit process.

Following their evaluation, city staff provided a recommendation of approval for the Masjid Bilal conditional use permit application. The staff analysis determined that the proposed cemetery use met the necessary criteria and requirements for conditional use approval.

The board ultimately approved the conditional use appeal, allowing Masjid Bilal to proceed with their cemetery project under the terms and conditions established through the permit process.

Conditional Use Appeal by Fairhaven Baptist Church

0:00

Fairhaven Baptist Church submitted a conditional use appeal under agenda item III.C.7, seeking to amend a previously approved conditional use permit. Jonathan East served as the key speaker for this agenda item.

The church's application requested modifications to their existing conditional use authorization, though the specific details of the proposed amendments were not elaborated upon during the meeting proceedings.

Rather than proceeding with discussion or deliberation on the merits of the church's conditional use appeal, the item was postponed. No debate occurred regarding the substance of the application, and no concerns were raised by board members or the public during this brief agenda item.

The postponement means the conditional use appeal will be rescheduled for consideration at a future meeting, allowing additional time for review of the application materials or resolution of any preliminary issues that may have prevented immediate consideration of the request.

Outcome: The conditional use appeal by Fairhaven Baptist Church was postponed to a future meeting date.

Revocation Hearing for Aaron Jamison/Marvin Feldpausch

0:00

The Board of Adjustment conducted a revocation hearing for agenda item III.D.1 regarding a conditional use permit held by Aaron Jamison and Marvin Feldpausch to operate a plant nursery and commercial greenhouse facility.

Key speakers during the hearing included Charles Martin, Mary Diane Hanna, Walt Gaffield, Wayne Mitchell, and Dr. Lisa Gannoe. The board reviewed the circumstances and conditions surrounding the conditional use permit that had been previously granted for the nursery and greenhouse operations.

The hearing followed standard revocation procedures, allowing for presentation of evidence and testimony regarding whether the permit holders had complied with the terms and conditions of their conditional use approval. The board examined the specific requirements that were established when the original permit was issued and evaluated whether those conditions had been met.

After reviewing the evidence and hearing from the speakers, the Board of Adjustment voted to revoke the conditional use permit for Aaron Jamison and Marvin Feldpausch. This decision effectively terminates their authorization to operate the plant nursery and commercial greenhouse under the previously granted conditional use permit.

The revocation represents a significant enforcement action by the Board of Adjustment, indicating that the permit holders failed to maintain compliance with the conditions that were required for their operation. The specific violations or non-compliance issues that led to the revocation were addressed during the hearing process.