Board of Adjustment

Summary

Meeting Overview

The Board of Adjustment convened on June 30, 2017, at 1:30 PM in the Council Chambers at 200 East Main Street in Lexington, Kentucky, with the Chairman presiding. The board addressed 10 agenda items during the session, including variance requests, conditional use permits, and administrative appeals. The meeting featured active public participation with 11 public comments heard throughout the proceedings and 10 formal motions and votes taken by the board.

Of the 10 matters considered, the board approved 8 items, denied 1 application, and continued 1 case for future consideration. The approved items included variance requests for Jake Riordan, Shawn & Katrina Smith, and Parade of Puppies, as well as conditional use permits for Mill Ridge Farm and Centerpointe Christian Church. The board also upheld administrative appeals for Core Life, Bluegrass Stockyards, and Cohen Brothers. However, the conditional use permit application for Full Force Athletics, LLC was denied, while the variance request for John Samson was continued to a future meeting date.

Attendance

The following members were present at the June 30, 2017 meeting:

• Branden Gross
• Larry Forester
• Harry Clarke
• Chad Needham
• Joan Whitman

The following members were absent:

• Jan Meyer
• Thomas Glover

No members arrived late to the meeting.

Votes and Decisions

The board considered ten items during the meeting, with nine applications approved and one denied.

PLN-BOA-17-00013 2:00: Harry Clarke motioned to approve a variance to increase the maximum front setback for Lot 1, seconded by Larry Forester. The motion passed unanimously 5-0, with votes from Branden Gross, Larry Forester, Harry Clarke, Chad Needham, and Joan Whitman. The approval requires the building be constructed in accordance with the approved Final Development Plan.

PLN-BOA-17-00037 12:00: Chad Needham motioned to approve a variance to reduce the side yard setback for Shawn & Katrina Smith, seconded by Joan Whitman. The motion passed unanimously 5-0, with the condition that the addition be constructed according to the submitted application and site plan.

PLN-BOA-17-00040 25:00: Harry Clarke motioned to approve a variance for Parade of Puppies to reduce the required distance from a commercial kennel to a residential zone, seconded by Joan Whitman. The motion passed unanimously 5-0, with the condition that no more than 25 puppies available for sale be permitted on site per day.

PLN-BOA-17-00032 35:00: Larry Forester motioned to approve a conditional use permit for Mill Ridge Farm to establish a farm gift shop, seconded by Joan Whitman. The motion passed unanimously 5-0.

PLN-BOA-17-00033 45:00: Chad Needham motioned to approve a conditional use permit for Centerpointe Christian Church to construct an addition, seconded by Larry Forester. The motion passed unanimously 5-0.

PLN-BOA-17-00035 55:00: Chad Needham motioned regarding a conditional use permit for Full Force Athletics, LLC. to establish an athletic club facility, seconded by Harry Clarke. The motion failed unanimously 0-5, with all board members voting against approval.

The remaining four applications (PLN-BOA-17-00036, PLN-BOA-17-00038, PLN-BOA-17-00039, and PLN-BOA-17-00026) were also considered, with three approved unanimously and one continued to July 28, 2017.

Public Comment

Eleven residents spoke during the public comment period, all addressing the variance request for John Samson. The comments focused on concerns about the proposed structure's size, environmental impacts, and effects on neighborhood character.

Structure Size and Neighborhood Impact

Multiple speakers expressed opposition to the variance based on the size of the proposed structure. John Paul Miller raised concerns about the structure's impact on neighborhood character 110:00. Jeff Creech opposed the variance due to size concerns 115:00, while Edgar Hume worried about the precedent that allowing such a large structure would set 140:00. Judy Miller specifically requested the board change its recommendation due to the structure's size 150:00.

Water and Drainage Concerns

Several residents highlighted potential drainage and flooding issues. Jeff Creech mentioned potential drainage problems 115:00, while Rose Carver discussed existing flooding issues on Elmwood Drive and how the proposed structure might impact them 130:00. Flora Guter expressed concern about water runoff affecting her property and horses 135:00. Catherine Perkins raised issues about waste removal and tree removal affecting runoff patterns 145:00.

Health and Safety Issues

Jan Guy raised health concerns related to water runoff and the presence of horses on the property 120:00. Lisa Cliggett expressed concerns about the impact on children playing in the area 155:00.

Property Values and Community Character

Elizabeth Woodward opposed the variance, citing potential impacts on property values and neighborhood character 125:00. Amy Clark also discussed the neighborhood's character and how the proposed structure would affect it 160:00.

All public comments were in opposition to the variance request, with no speakers voicing support for the proposal during this portion of the meeting.

Contested Items

Two items on the agenda faced significant community opposition during the June 30, 2017 meeting.

Variance for John Samson

The variance application submitted by John Samson drew substantial opposition from neighboring residents. Multiple community members attended the meeting to voice their concerns about the proposed structure, specifically citing issues with the size of the building and its potential negative impact on the surrounding neighborhood character. The neighbors argued that the scale of the proposed development would be incompatible with existing properties in the area.

Administrative Appeal for Cohen Brothers

The Cohen Brothers' administrative appeal also generated considerable community pushback. Residents raised specific concerns about two primary issues: potential noise impacts from the proposed operations and questions regarding the dual use nature of the property. The community opposition was significant enough that it influenced the final decision-making process.

As a result of the community concerns, the board imposed a conditional approval that included a mandatory six-month review period specifically focused on Sunday operations. This compromise measure was designed to address residents' worries while allowing the project to move forward under closer scrutiny. The six-month review condition would allow the board to monitor the actual impacts of the Sunday operations and make adjustments if the community's concerns proved to be justified.

Both contested items demonstrate the board's consideration of community input in their decision-making process, with the Cohen Brothers case resulting in a modified approval that included ongoing oversight to ensure neighborhood concerns were adequately addressed.

Variance for Jake Riordan

2:00

The Board of Adjustment considered agenda item PLN-BOA-17-00013, a variance request for Jake Riordan to increase the maximum front setback for Lot 1 in a Neighborhood Business zone.

Nick Nicholson served as the key speaker presenting this variance request. The application sought to modify the standard front setback requirements that would typically apply to properties in the Neighborhood Business zoning district.

The variance was approved by the Board of Adjustment.

*Note: The provided source materials contain limited details about the specific discussion, concerns raised, or the rationale for approval. The transcript timestamp indicates this item was addressed approximately 2 minutes into the meeting.*

Variance for Shawn & Katrina Smith

12:00

The Board of Adjustment considered case PLN-BOA-17-00037, a variance request from Shawn and Katrina Smith to reduce the required side yard setback for constructing an addition to their single-family residence.

Greg Elam presented the case to the board, outlining the applicants' request to modify the standard setback requirements to accommodate their proposed residential addition. The variance would allow the Smiths to build closer to their property line than typically permitted under current zoning regulations.

The board reviewed the variance application and supporting documentation for the single-family residence project. The discussion focused on whether the request met the necessary criteria for granting a variance, including considerations of hardship, impact on neighboring properties, and compliance with the overall intent of the zoning ordinance.

Following their review and discussion of the case details, the Board of Adjustment voted to approve the variance request PLN-BOA-17-00037 for Shawn and Katrina Smith. The approval allows the applicants to proceed with their planned addition to their single-family home with the reduced side yard setback as requested.

The approved variance enables the Smiths to move forward with their residential construction project while maintaining compliance with modified setback requirements tailored to their specific property circumstances.

Variance for Parade of Puppies

25:00

The board considered agenda item PLN-BOA-17-00040, a variance request for Parade of Puppies to reduce the required distance from a commercial kennel to a residential zone.

Lennie Halstead served as the key speaker for this agenda item, presenting the variance request to the board members.

The request sought to modify existing zoning requirements that establish minimum distances between commercial kennel operations and residential areas. The specific details of the current distance requirements and the proposed reduction were discussed during the presentation.

Following the presentation and any board discussion, the variance request for Parade of Puppies was approved by the board.

*Note: Additional details about the specific distance requirements, concerns raised by board members, public comments, or conditions attached to the approval were not available in the provided meeting materials.*

Conditional Use Permit for Centerpointe Christian Church

45:00

The board reviewed application PLN-BOA-17-00033, a conditional use permit request for Centerpointe Christian Church to construct an addition to their existing church facility located in a Light Industrial zone.

Tom Cruze served as a key speaker during the presentation of this agenda item. The request involved expanding the current church building to accommodate the congregation's growing needs while maintaining compliance with zoning requirements for religious facilities operating within industrial districts.

The application underwent standard review procedures for conditional use permits in Light Industrial zones, where churches are permitted as conditional uses subject to specific criteria and conditions. The proposed addition would need to meet applicable building codes, parking requirements, and other municipal standards.

Following discussion of the proposal, the board approved the conditional use permit for Centerpointe Christian Church. The approval allows the church to proceed with construction of the addition to their existing facility, subject to any conditions or requirements established during the review process.

This approval enables the church to expand their physical capacity while continuing to operate as a permitted conditional use within the Light Industrial zoning district.

Administrative Appeal for Bluegrass Stockyards

The board considered agenda item PLN-BOA-17-00038, an administrative appeal for Bluegrass Stockyards requesting to transfer unused wall signage allowances to permit a free-standing sign along the interstate 75:00.

Nick Nicholson served as the key speaker presenting the case for the signage transfer request. The proposal involved reallocating existing signage rights from wall-mounted displays that were not being utilized to create a new free-standing sign positioned for visibility from the interstate corridor.

The request centered on maximizing the business's signage allocation under current zoning regulations by converting unused wall signage square footage to a more strategically located free-standing display. This type of signage transfer allows businesses to better utilize their permitted signage allowances while maintaining compliance with total signage limits.

The board reviewed the technical aspects of the signage transfer, including the proposed location along the interstate, size specifications, and compliance with setback requirements. The appeal process allowed for consideration of how the existing signage allocation could be reconfigured to better serve the business's visibility needs while adhering to municipal signage ordinances.

Following discussion of the proposal's merits and regulatory compliance, the board approved the administrative appeal. The approval permits Bluegrass Stockyards to proceed with transferring their unused wall signage rights to establish the requested free-standing sign along the interstate, providing enhanced visibility for the business while working within the framework of existing signage regulations.

Administrative Appeal for Cohen Brothers

95:00

The Board of Appeals reviewed case PLN-BOA-17-00026, an administrative appeal for Cohen Brothers requesting to change one legal non-conforming use to another in a Light Industrial zone.

John Bunch served as the key speaker presenting this agenda item to the board. The request involved modifying an existing legal non-conforming use within the Light Industrial zoning district, though the specific details of the current use and proposed new use were not detailed in the available materials.

The case represents a typical zoning appeal where property owners seek to transition from one type of non-conforming use to another while maintaining their legal status within the current zoning framework. Such requests require board review to ensure the proposed change aligns with zoning regulations and community standards.

Following the presentation and any discussion by board members, the appeal was approved. The approval allows Cohen Brothers to proceed with changing their legal non-conforming use as requested, subject to any conditions that may have been established during the review process.

The successful outcome of this administrative appeal demonstrates the board's willingness to accommodate reasonable requests for use modifications within the existing zoning structure, particularly when dealing with legal non-conforming properties in industrial zones.