Board of Adjustment

Summary

Meeting Overview

The Board of Adjustment convened on May 19, 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 five agenda items during the session, including variance requests for residential properties, conditional use permits for commercial developments, and a revocation hearing. All five items brought before the board were approved following deliberation and voting. The meeting included two public comments from community members and resulted in a total of five motions and votes taken by the board members.

Attendance

Present: • Branden Gross • Thomas Glover • Chad Needham • Harry Clarke • Jan Meyer

Absent: • Joan Whitman • Larry Forester

Late: • None

Five members were present for the May 19, 2017 meeting, with two members absent. No members arrived late to the session.

Votes and Decisions

The board considered five items during the meeting, approving all with varying vote margins.

PLN-BOA-17-00024 2:10 - The board unanimously approved a variance to reduce the required setback for a 6-foot tall fence at 345 Dudley Road. Harry Clarke made the motion, seconded by Jan Meyer. All five members voted in favor: Branden Gross, Thomas Glover, Chad Needham, Harry Clarke, and Jan Meyer. The approval includes conditions requiring the fence to be constructed according to the submitted plans, obtaining a fence permit from Building Inspection, and maintaining existing landscaping between the fence and sidewalk.

PLN-BOA-17-00031 3:45 - A variance to reduce the minimum required front yard from 10 feet to 4.5 feet at 344 Romany Road passed unanimously (5-0). Chad Needham motioned with Harry Clarke seconding. The same five members voted in favor. Conditions require construction according to submitted plans and obtaining all necessary permits from Planning, Engineering, and Building Inspection divisions.

PLN-BOA-17-00016 5:20 - An amended conditional use permit to expand on-site parking at 3100 Tates Creek Road passed 4-0 with one abstention. Harry Clarke motioned, Chad Needham seconded. Thomas Glover, Chad Needham, Harry Clarke, and Jan Meyer voted in favor, while Branden Gross abstained. Approval conditions include establishing parking areas per submitted plans and implementing an updated storm water management plan.

PLN-BOA-17-00027 7:45 - The board unanimously approved a conditional use permit for operating a cocktail lounge in a bicycle shop at 439 Southland Drive. Thomas Glover made the motion, Chad Needham seconded. All five members voted in favor. Conditions restrict exterior signage references to cocktail service and limit alcoholic beverages to beer and wine only.

C-2015-57 9:30 - The board unanimously voted to schedule a revocation hearing for Dr. Andrew Schroyer and Charlsey Y. Schroyer at 1096 Wellington Way. Jan Meyer motioned with Harry Clarke seconding, and all five members voted in favor with no conditions attached.

Public Comment

Two residents addressed the board during the public comment period.

Larry Hamilton spoke at 0:45 regarding the Cohen Brothers matter. Hamilton expressed his opposition to postponing the hearing for Cohen Brothers, stating that there have been long-standing issues with the property that need to be addressed.

Susan Wedding addressed the board at 6:30 concerning the Immanuel Baptist Church parking expansion proposal. Wedding raised concerns about potential water drainage problems that could impact her property as a result of the proposed parking expansion project.

Contested Items

During the May 19, 2017 meeting, one item generated community opposition and discussion.

Cohen Brothers Postponement

The primary contested matter involved a postponement request for the Cohen Brothers case. Larry Hamilton spoke in opposition to granting the postponement, expressing concerns about long-standing issues associated with the property in question.

Hamilton's objection centered on what he characterized as ongoing problems with the Cohen Brothers property that had persisted over time. He argued against allowing further delays in addressing the case, suggesting that the postponement would only extend unresolved issues that had already been affecting the community.

The specific details of the underlying Cohen Brothers case were not elaborated upon in the available materials, but Hamilton's opposition indicated that community members had been dealing with property-related concerns for an extended period. His testimony suggested frustration with the pace of resolution and a desire to move forward with whatever proceedings or decisions were pending regarding the Cohen Brothers property.

The outcome of Hamilton's opposition to the postponement request was not specified in the provided information, leaving unclear whether the postponement was ultimately granted or denied by the governing body.

Variance for 6-foot fence at 345 Dudley Road

2:10

The board considered application PLN-BOA-17-00024, a variance request submitted by Weston Lyons for property at 345 Dudley Road. Lyons sought approval to reduce the required setback for a 6-foot tall fence that would replace an existing 4-foot fence located in a side street side yard.

The applicant presented the request to the board, explaining the need to replace the current fencing with a taller structure while maintaining its existing location. The variance was necessary because the proposed 6-foot fence would not meet the standard setback requirements for the side street side yard area.

The board reviewed the application and determined that the request met the criteria for granting a variance. The application was approved, allowing Lyons to proceed with installing the 6-foot fence at the reduced setback distance as requested.

Variance for front yard at 344 Romany Rd.

3:45

The Board of Appeals considered application PLN-BOA-17-00031, a variance request for the Romany Road IGA Supermarket at 344 Romany Road. The applicant sought to reduce the minimum required front yard setback from 10 feet to 4.5 feet.

Jacob Walbourn presented the case to the board. The variance would allow the supermarket to maintain a reduced setback of 4.5 feet from the front property line, representing a 5.5-foot reduction from the standard 10-foot requirement established in the zoning ordinance.

The board approved the variance request, allowing the Romany Road IGA Supermarket to proceed with the reduced front yard setback as requested.

Conditional use permit for parking expansion at 3100 Tates Creek Road

5:20

The board considered agenda item PLN-BOA-17-00016, a request from Immanuel Baptist Church for an amended conditional use permit to expand on-site parking at 3100 Tates Creek Road.

Gregg Thornton presented the case for the parking expansion. The church sought to modify their existing conditional use permit to accommodate additional parking spaces on their property.

The board approved the conditional use permit amendment, allowing Immanuel Baptist Church to proceed with their parking expansion project at the Tates Creek Road location.

Conditional use permit for cocktail lounge at 439 Southland Drive

7:45

The board considered application PLN-BOA-17-00027, a request by William Crank for a conditional use permit to operate a cocktail lounge within a bicycle shop located at 439 Southland Drive.

Chuck Ellinger served as the key speaker presenting information about this unique business concept that would combine bicycle retail and repair services with alcoholic beverage service. The proposal represented an unconventional mixed-use approach, integrating recreational retail with hospitality services at the same location.

The application sought approval to allow the sale and consumption of alcoholic beverages within the existing bicycle shop premises. This type of hybrid business model required special consideration under local zoning regulations, as cocktail lounges typically require conditional use permits to operate in certain zoning districts.

Following the presentation and discussion of the application details, the board voted to approve the conditional use permit. The approval allows William Crank to proceed with operating the cocktail lounge component of his bicycle shop business at 439 Southland Drive, subject to any conditions that may have been established as part of the permit approval process.

The decision enables this innovative business concept to move forward, combining bicycle sales and services with alcoholic beverage service under one roof at the Southland Drive location.

Revocation hearing for 1096 Wellington Way

9:30

The council addressed agenda item C-2015-57, a revocation hearing for the property at 1096 Wellington Way owned by Dr. Andrew Schroyer and Charlsey Y. Schroyer. The hearing was scheduled due to alleged non-compliance with conditional use permit terms.

Jim Marx served as the key speaker presenting information regarding this revocation proceeding. The hearing focused on determining whether the property owners had violated the conditions of their conditional use permit, which would warrant revocation of the permit.

The council ultimately approved the revocation hearing, indicating that the procedural requirements for moving forward with the revocation process had been met. This approval allows the formal hearing process to proceed, where evidence of non-compliance can be presented and the property owners can respond to the allegations.

The revocation hearing represents a significant enforcement action, as conditional use permits are granted with specific terms and conditions that property owners must follow. When these conditions are not met, the municipality has the authority to revoke the permit, which could impact the property's allowable uses.

The approval of this agenda item establishes the framework for the formal revocation proceedings to move forward, ensuring due process for the property owners while addressing the alleged permit violations.