Board of Adjustment

Summary

Meeting Overview

The Board of Adjustment convened on August 25, 2017, at 1:30 PM in the Council Chambers at 200 East Main Street in Lexington, Kentucky, with Thomas Glover presiding as the presiding officer. The board addressed nine agenda items during the session, consisting of six variance requests and three conditional use permit applications. The meeting included three public comments and resulted in nine motions and votes on the various requests before the board.

Of the nine items considered, four were approved, two were denied, one was postponed, and one was tabled for future consideration. The approved items included variance requests by Dean Skarvan and Dennis Anderson INV 1700 LLC, along with conditional use permits for Macedonia Christian Church, Floracliff Nature Sanctuary, and Board & Brush. The board denied variance requests submitted by Jitendra and Nelamben Patel and Lester Studer. Jeff Graves' variance request was postponed, while the conditional use permit application for Behrs & Dawgs, LLC was tabled for later review.

Attendance

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

Absent: • Branden Gross

Late: • None

Five members were present for the August 25, 2017 meeting, with one member absent. No members arrived late to the proceedings.

Votes and Decisions

The board took action on nine items during the meeting, with all votes cast by the five members present: Thomas Glover, Harry Clarke, Chad Needham, Joan Whitman, and Jan Meyer.

PLN-BOA-17-00046 0:30: Jan Meyer motioned to postpone Jeff Graves' variance request, seconded by Harry Clarke. The motion passed unanimously 5-0.

PLN-BOA-17-00055 1:15: Chad Needham motioned to approve Dean Skarvan's variance request, seconded by Harry Clarke. The motion passed unanimously 5-0, subject to two conditions outlined by staff.

PLN-BOA-17-00059 1:45: Jan Meyer motioned to approve Dennis Anderson INV 1700 LLC's variance request, seconded by Joan Whitman. The motion passed unanimously 5-0, subject to three conditions outlined by staff.

PLN-BOA-17-00051 2:15: Harry Clarke motioned to approve Macedonia Christian Church's conditional use permit, seconded by Jan Meyer. The motion passed unanimously 5-0, subject to five conditions outlined by staff.

PLN-BOA-17-00052 2:45: Jan Meyer motioned to approve Floracliff Nature Sanctuary's conditional use permit, seconded by Joan Whitman. The motion passed unanimously 5-0, subject to five conditions outlined by staff.

PLN-BOA-17-00053 3:15: Chad Needham motioned to approve Board & Brush's conditional use permit, seconded by Harry Clarke. The motion passed unanimously 5-0, subject to five conditions outlined by staff.

PLN-BOA-17-00056 3:45: Chad Needham motioned to disapprove Jitendra and Nelamben Patel's variance request, seconded by Harry Clarke. The motion failed unanimously 0-5, with all members voting against approval.

PLN-BOA-17-00058 4:15: Jan Meyer motioned to disapprove Lester Studer's variance request, seconded by Chad Needham. The motion failed unanimously 0-5, with all members voting against approval.

PLN-BOA-17-00057 5:15: Harry Clarke motioned to continue Behrs & Dawgs, LLC's conditional use permit request to September 29, 2017, seconded by Jan Meyer. The motion passed unanimously 5-0.

Public Comment

Three residents spoke during the public comment period, all addressing noise concerns related to Behrs & Dawgs, LLC.

Carolyn Gago 5:45 expressed concerns about noise disturbances from Behrs & Dawgs, LLC that are affecting residents in nearby condominiums. She specifically noted that the noise issues occur on weekdays and continue late into the night, creating problems for neighboring residents.

Wayne Wilson 6:15 complained about noise disturbances from the same establishment that are impacting his residence. Wilson described experiencing vibrations and sleep disturbances as a result of the noise from Behrs & Dawgs, LLC.

Mike Kovash 6:45 spoke as a representative of the Historic South Hill Neighborhood Association. Kovash opposed a variance related to Behrs & Dawgs, LLC, citing noise concerns as a primary issue. He also expressed worry that approving the variance could set a problematic precedent for the neighborhood.

All three speakers focused their comments on the same business establishment, indicating a coordinated community response to ongoing noise issues. The comments suggest that Behrs & Dawgs, LLC has been generating sufficient noise to disturb multiple residents and attract the attention of a neighborhood association, with impacts including sleep disruption and structural vibrations affecting nearby residential properties.

Contested Items

The meeting featured one contested item that generated community opposition and required extended discussion.

Noise from Behrs & Dawgs, LLC

Residents raised concerns about noise disturbances originating from Behrs & Dawgs, LLC that were affecting nearby residential areas. The community opposition centered on the impact these noise issues were having on the quality of life for neighbors living in proximity to the establishment.

Multiple residents participated in the discussion to express their concerns about the ongoing noise problems. The nature of the complaints suggested that the disturbances were significant enough to warrant formal consideration by the governing body.

Due to the level of community concern and the need for additional review, the hearing on this matter was continued rather than resolved during this meeting. This continuation allows for further examination of the noise issues and potential solutions before a final determination is made.

The decision to continue the hearing indicates that the governing body recognized the legitimacy of the residents' concerns and the need for more thorough consideration of the matter before reaching a conclusion.

Variance Request by Jeff Graves

0:30

Jeff Graves presented a variance request identified as PLN-BOA-17-00046 to increase the allowable width of a driveway beyond current zoning regulations.

The specific details of the proposed driveway width increase and the circumstances necessitating the variance were not fully presented during this meeting session. Graves appeared before the board to discuss his request, but the presentation and review process was not completed.

After initial discussion, the board determined that additional time was needed to properly prepare for and evaluate the variance request. The item was postponed to allow for more thorough preparation by both the applicant and the reviewing body.

Outcome: The variance request was postponed to a future meeting to allow adequate time for preparation and review of the application materials.

Variance Request by Dean Skarvan

1:15

The board reviewed application PLN-BOA-17-00055, a variance request submitted by Dean Skarvan to reduce required setbacks for an accessory building construction project. Skarvan requested variances to reduce both the side yard and front yard setbacks from the standard requirements.

Dean Skarvan presented his request to the board, explaining the need for the setback reductions to accommodate the proposed accessory building on his property. The specific details of the setback measurements and the nature of the accessory building were discussed during the presentation.

The board evaluated the variance request against the standard criteria for such applications, considering factors such as property constraints, neighborhood compatibility, and compliance with zoning regulations. The discussion included review of the site conditions that necessitated the requested setback reductions.

Following deliberation, the board approved the variance request with conditions. The approval allows Skarvan to proceed with construction of the accessory building using the reduced setbacks as requested, subject to meeting the specified conditions attached to the approval.

The conditional approval ensures that the project will comply with applicable building codes and zoning requirements while accommodating the property owner's needs for the reduced setbacks. The specific conditions of approval were established to address any potential impacts or concerns identified during the review process.

Variance Request by Dennis Anderson INV 1700 LLC

1:45

The Board of Adjustment reviewed case PLN-BOA-17-00059, a variance request submitted by Dennis Anderson INV 1700 LLC to increase the allowable front yard setback for their property.

Jon Strom served as the key speaker presenting information about this variance request to the board members. The application sought relief from standard setback requirements that would otherwise restrict development on the property.

Following the presentation and board discussion, the variance request was approved with conditions. The specific conditions attached to the approval were not detailed in the available materials, but the board determined that the request met the necessary criteria for granting a variance under local zoning regulations.

The approval allows Dennis Anderson INV 1700 LLC to proceed with their development plans while maintaining compliance with the conditional requirements established by the Board of Adjustment.

Conditional Use Permit for Macedonia Christian Church

2:15

The board reviewed application PLN-BOA-17-00051, a conditional use permit request from Macedonia Christian Church to expand their parking lot facilities.

Russell Sales presented the church's request during the discussion. The application sought approval to increase parking capacity to better serve the congregation and accommodate church activities.

The board ultimately approved the conditional use permit for Macedonia Christian Church's parking lot expansion. However, the approval came with specific conditions that the church must meet as part of the permit requirements, though the specific details of these conditions were not detailed in the available materials.

The approval allows Macedonia Christian Church to proceed with their planned parking lot expansion project, subject to compliance with the established conditions set forth by the board.

Conditional Use Permit for Floracliff Nature Sanctuary

2:45

The board reviewed application PLN-BOA-17-00052, a conditional use permit request from Floracliff Nature Sanctuary to expand their existing sanctuary operations.

John Park presented the application on behalf of the sanctuary, outlining the proposed expansion plans and their intended use of the additional property. The sanctuary sought approval to extend their conservation and educational activities to encompass a larger area.

During the discussion, board members examined the details of the expansion proposal and considered how it would align with existing zoning requirements and community standards. The nature sanctuary's mission of environmental conservation and public education was taken into account as part of the review process.

The board ultimately approved the conditional use permit request, though specific conditions were attached to the approval. These conditions were designed to ensure the expansion would proceed in accordance with local regulations and community interests.

The approval allows Floracliff Nature Sanctuary to move forward with their expansion plans while maintaining compliance with the established conditional use requirements set forth by the board.

Conditional Use Permit for Board & Brush

3:15

The board reviewed application PLN-BOA-17-00053, a conditional use permit request from Board & Brush to establish a cocktail lounge in conjunction with an art studio operation.

Amy Spanyer served as the key speaker presenting information about the proposed business concept, which would combine artistic activities with alcoholic beverage service. The application sought approval to operate both an art studio where customers could participate in creative projects and a cocktail lounge to serve drinks during these activities.

The board evaluated the proposal for compliance with zoning requirements and compatibility with the surrounding area. The unique nature of the business model, combining recreational art activities with alcohol service, required careful consideration of operational parameters and potential impacts on the neighborhood.

Following discussion of the application details and any conditions necessary to ensure appropriate operation, the board voted to approve the conditional use permit. The approval came with specific conditions attached, though the exact nature of these conditions was not detailed in the available materials.

The approval allows Board & Brush to move forward with establishing their combined art studio and cocktail lounge concept, subject to meeting all specified conditions and obtaining any additional required permits or approvals from other city departments.

Variance Request by Jitendra and Nelamben Patel

3:45

The board considered variance request PLN-BOA-17-00056 submitted by Jitendra and Nelamben Patel. The applicants sought a variance to reduce the required front setback in order to create additional paved parking on their property.

Jitendra Patel presented the request to the board, explaining the need for the variance to accommodate expanded parking facilities. The proposal would have allowed construction closer to the front property line than typically permitted under current zoning regulations.

Following discussion of the application and consideration of the relevant zoning requirements, the board voted to disapprove the variance request. The denial means the Patels will not be permitted to reduce the front setback for their proposed additional paved parking area and must comply with existing setback requirements if they wish to proceed with any parking improvements on the property.

Variance Request by Lester Studer

4:15

The board considered variance request PLN-BOA-17-00058 submitted by Lester Studer. Studer requested a variance to reduce the required front setback in order to create an additional paved area on his property.

Lester Studer presented his request to the board, seeking approval to encroach into the front setback requirements for the proposed paved area expansion. The specific details of the setback reduction amount and the intended use of the additional paved space were discussed during the presentation.

Following consideration of Studer's request and any relevant zoning requirements, the board ultimately disapproved the variance application. The request was denied, meaning Studer will not be permitted to reduce the front setback for the additional paved area as proposed.

The denial prevents the applicant from proceeding with the paved area expansion that would have encroached into the required front setback zone on the property.

Conditional Use Permit for Behrs & Dawgs, LLC

5:15

The Board of Appeals considered agenda item PLN-BOA-17-00057, a conditional use permit application submitted by Behrs & Dawgs, LLC. The request involved two components: a conditional use permit for live entertainment and a variance for setback reduction.

Key speakers during the discussion included Rebecca Wichard and Brian Behr, who presented details about the proposed project and its requirements.

The hearing focused on the applicant's plans for live entertainment at their establishment, which would require special permission under local zoning regulations. Additionally, the company sought a variance to reduce required setbacks, indicating the property may have space constraints that necessitate building closer to property lines than typically allowed.

However, the discussion revealed that further coordination with neighboring property owners was needed before the board could make a final determination. Concerns appear to have been raised regarding the impact of the proposed live entertainment and reduced setbacks on adjacent properties and residents.

Rather than proceeding to a vote, the board decided to table the matter to allow Behrs & Dawgs, LLC additional time to engage in discussions with neighbors. This continuation provides an opportunity for the applicant to address any concerns raised by the community and potentially reach agreements that could facilitate approval of their conditional use permit and variance requests.

The item will return to a future Board of Appeals meeting once the applicant has had sufficient time to conduct the necessary neighbor consultations and address any outstanding issues related to their proposed live entertainment venue and setback variance.