Board of Adjustment

Summary

Meeting Overview

The Board of Adjustment convened on July 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 five agenda items during the session, including variance appeals, conditional use appeals, and administrative appeals from various applicants. The board took eight votes throughout the meeting and heard eight public comments from attendees. Of the five cases considered, three appeals were approved (John Samson's variance appeal, Grace Free Will Baptist Church's conditional use appeal, and Nick Williams' conditional use appeal), one administrative appeal for James Mitchell was postponed, and one administrative appeal for John & Sharon Thelin was denied.

Attendance

Present: • Branden Gross • Harry Clarke • Chad Needham • Thomas Glover • Joan Whitman

Absent: • Jan Meyer

Late: • None

Five members were present for the July 28, 2017 meeting, with one member absent.

Votes and Decisions

The board took action on eight items during the July 28, 2017 meeting, with most decisions receiving unanimous approval.

Meeting Minutes Approval 0:30 Joan Whitman motioned to approve the May 19, 2017 meeting minutes, seconded by Harry Clarke. The motion passed unanimously 5-0 with all members voting in favor: Branden Gross, Harry Clarke, Chad Needham, Thomas Glover, and Joan Whitman.

Meeting Minutes Approval 1:00 Harry Clarke motioned to approve the June 30, 2017 meeting minutes, seconded by Joan Whitman. The motion passed unanimously 5-0 with all members voting in favor.

PLN-BOA-17-00047 Postponement 5:00 Thomas Glover motioned to postpone the administrative appeal for James Mitchell, seconded by Chad Needham. The postponement was approved unanimously 5-0.

PLN-BOA-17-00048 Parking Variance 10:00 Chad Needham motioned to approve the variance for CF Real Estate Services, LLC (DBA The Lex) to decrease required parking spaces by 51 spaces, seconded by Thomas Glover. The motion passed unanimously 5-0, with conditions requiring a minimum of 587 off-street parking spaces, reducible to 524 with transit and bike rack provisions.

PLN-BOA-17-00042 Church Addition 20:00 Thomas Glover motioned to approve the conditional use permit for Grace Free Will Baptist Church's addition, seconded by Joan Whitman. The motion passed unanimously 5-0 with construction and permit conditions.

PLN-BOA-17-00039 Accessory Building Variance 30:00 Chad Needham motioned to approve John Samson's variance to increase allowable accessory building area, seconded by Harry Clarke. The motion passed unanimously 5-0 with multiple conditions including stormwater consultation and removal of existing structures.

PLN-BOA-17-00043 Indoor Recreation Facility 40:00 Harry Clarke motioned to approve Nick Williams' conditional use permit for an indoor recreational facility, seconded by Thomas Glover. The motion passed 4-1, with Branden Gross voting against and Clarke, Needham, Glover, and Whitman voting in favor.

PLN-BOA-17-00049 Administrative Appeal 50:00 Joan Whitman motioned regarding John & Sharon Thelin's building permit administrative appeal, seconded by Harry Clarke. The motion failed 0-4 with one abstention, as Clarke, Needham, Glover, and Whitman voted against.

Public Comment

The meeting included public comment from eight speakers addressing two main agenda items.

John Samson's Accessory Building Variance

Five speakers commented on John Samson's proposed accessory building variance request. Flora Gutter raised concerns about water runoff from the proposed building, referencing previous drainage issues in the area 35:00. Elizabeth Woodward expressed worries about the project's potential impact on property values and neighborhood character 36:00.

Jeff Creech requested that Samson adhere to the specific building dimensions outlined in his letter to the neighborhood 37:00. Catherine Perkins, representing the Joyland Neighborhood Association, stated the organization's opposition to the variance request until all neighborhood concerns are properly addressed 38:00.

Amy Clark focused on stormwater management issues related to the proposed building and suggested exploring alternative solutions to address drainage concerns 39:00.

Nick Williams' Recreational Facility

Three speakers opposed Nick Williams' conditional use permit application for a recreational facility. James Smith cited safety and traffic concerns as reasons for his opposition 45:00. Diana Sisk expressed concerns about maintaining the industrial character of the park and opposed allowing the recreational facility 46:00.

Clifford Allen, identifying himself as president of the Westhampton Corners Association, opposed the recreational facility based on both safety considerations and zoning concerns about the appropriateness of the use in an industrial area 47:00.

The public comments revealed organized neighborhood opposition to both proposals, with speakers raising concerns about infrastructure impacts, zoning compatibility, and community safety.

Appointments

The meeting included one appointment action during the session.

Mark McCain was appointed to the Landscape Review Committee.

*Note: No transcript timestamps were available for this appointment action in the provided materials.*

Contested Items

Three items on the July 28, 2017 agenda generated significant discussion and opposition from community members and stakeholders.

Variance for John Samson Several neighbors attended the meeting to voice concerns about John Samson's variance request. The primary issues raised included potential water runoff problems that could affect adjacent properties and concerns about how the proposed changes would impact the overall character of the neighborhood. Community members expressed worry that approving the variance could set a precedent for similar requests that might alter the area's residential nature.

Conditional Use for Nick Williams Nick Williams' application for a conditional use permit to operate a recreational facility faced strong opposition from local business owners. The opponents cited safety concerns related to the proposed facility's operations and argued that the recreational use would conflict with existing zoning requirements in the area. Business owners expressed worry about potential impacts on their operations and questioned whether the proposed use was appropriate for the location under current zoning ordinances.

Administrative Appeal for John & Sharon Thelin The administrative appeal filed by John and Sharon Thelin centered on complex interpretations of municipal zoning ordinances, specifically regarding regulations governing non-conforming structures. This case involved detailed legal and procedural questions about how existing zoning rules should be applied to structures that may not fully comply with current standards. The appeal required careful examination of zoning code language and precedent regarding non-conforming use provisions.

All three contested items required extended discussion during the meeting as board members worked to address the various concerns raised by community members and stakeholders while ensuring proper application of relevant zoning ordinances and procedures.

Variance Appeal for John Samson

30:00

The board considered agenda item III.C.1, a variance request from John Samson to increase the allowable area of an accessory building on his property.

John Samson presented his request to the board, seeking approval to exceed the standard size limitations for an accessory structure. The specific details of the proposed building dimensions and the amount of variance requested were discussed during his presentation.

Flora Gutter and Elizabeth Woodward participated in the board's deliberation of the variance application. The discussion focused on evaluating the potential impact the larger accessory building would have on the surrounding neighborhood, including considerations of visual impact, property values, and compatibility with existing structures in the area.

The board examined whether the variance request met the necessary criteria for approval, including whether the applicant demonstrated a hardship that would justify granting an exception to the standard zoning requirements. They also considered what conditions, if any, should be attached to the approval to mitigate any potential negative effects on neighboring properties.

Following their discussion and evaluation of the application, the board voted to approve John Samson's variance request. The approval allows him to proceed with constructing an accessory building that exceeds the standard size limitations established in the zoning code. Any specific conditions or restrictions that were attached to the approval as part of the board's decision would govern the construction and use of the proposed accessory building.

Conditional Use Appeal for Grace Free Will Baptist Church

20:00

The board considered agenda item III.D.1, a conditional use appeal submitted by Grace Free Will Baptist Church for a proposed building addition to their existing facility.

Emil Collins served as the key speaker during the discussion of this appeal. The church had requested a conditional use permit to construct an addition to their current structure.

During the deliberations, board members examined the potential impact the proposed addition would have on the surrounding neighborhood. The discussion focused on how the expansion would affect local residents and the broader community context where the church is located.

As part of their review process, the board considered establishing specific conditions that would need to be met for the project to move forward. These conditions were designed to address any concerns about the addition's impact on neighboring properties and ensure the project would be compatible with the area's character.

Following their discussion and evaluation of the proposal, the board voted to approve the conditional use appeal for Grace Free Will Baptist Church. This approval allows the church to proceed with their planned addition, subject to any conditions established during the review process.

The approval represents the board's determination that the proposed church addition, with appropriate conditions in place, would be suitable for the location and would not create undue negative impacts on the surrounding neighborhood.

Conditional Use Appeal for Nick Williams

40:00

The board reviewed agenda item III.D.2, a conditional use appeal submitted by Nick Williams for the establishment of an indoor recreational facility. Williams presented his request to the board, seeking approval for the conditional use permit.

Key Participants: - Nick Williams (applicant) - James Smith - Diana Sisk

Discussion Points: The primary focus of the board's deliberation centered on traffic and safety concerns related to the proposed indoor recreational facility. Board members examined how the new facility would impact local traffic patterns and whether adequate safety measures were in place to address potential issues.

Williams presented his case for the conditional use permit, though specific details of his presentation were not captured in the available materials. The discussion involved multiple board members evaluating the merits of the application and addressing the identified concerns.

Outcome: Following the discussion of traffic and safety considerations, the board voted to approve Nick Williams' conditional use appeal. The approval allows Williams to proceed with establishing the indoor recreational facility under the terms of the conditional use permit.

The approval represents the board's determination that the proposed facility meets the necessary requirements and that any traffic and safety concerns raised during the discussion were adequately addressed or could be managed through the conditional use framework.

Administrative Appeal for James Mitchell

5:00

The board considered agenda item III.E.1, an administrative appeal submitted by James Mitchell. Jacob Walbourn served as the key speaker for this item.

During the discussion, it was revealed that Mitchell had requested a postponement of his administrative appeal. The postponement was sought to allow Mitchell additional time to address specific concerns that had been raised by the Planning staff regarding his case.

The nature of the original administrative appeal and the specific concerns raised by Planning staff were not detailed in the available meeting materials. However, the request for postponement suggests that Mitchell needed more time to prepare his response or gather additional documentation to address the staff's issues.

The board ultimately granted Mitchell's request for postponement. This decision allows Mitchell the opportunity to work with Planning staff to resolve the identified concerns before his appeal is formally heard and decided upon.

The postponement represents a procedural accommodation that enables appellants to strengthen their cases when staff concerns are identified. By granting this request, the board demonstrated its commitment to ensuring that administrative appeals receive thorough consideration with all relevant information properly addressed.

The item concluded with the postponement being officially approved, meaning Mitchell's administrative appeal will be rescheduled for a future meeting date once he has had sufficient time to address the Planning staff's concerns.

Administrative Appeal for John & Sharon Thelin

50:00

The board considered agenda item III.E.2, an administrative appeal filed by John & Sharon Thelin challenging a building permit issued for a neighboring property. The Thelins contested the permit on grounds that the proposed construction did not conform to local zoning ordinances.

Key speakers during the discussion included Bruce Simpson and Darby Turner, who presented arguments regarding the interpretation of relevant zoning regulations. The appeal centered on questions of non-conformity issues related to the permitted construction project.

The board engaged in discussion about how to properly interpret the applicable zoning ordinances in relation to the contested building permit. The Thelins' appeal raised concerns about whether the neighboring property's approved construction plans met the required zoning compliance standards.

After reviewing the appeal materials and hearing the presentations, the board ultimately denied the administrative appeal filed by John & Sharon Thelin. This decision upheld the validity of the original building permit that had been issued for the neighboring property, indicating the board found the permit to be in compliance with applicable zoning requirements.

The denial of the appeal allows the contested building project to proceed as originally permitted, resolving the zoning compliance questions that had been raised by the Thelins regarding their neighbor's construction plans.