Board of Adjustment

Summary

Meeting Overview

The Board of Adjustment convened on September 29, 2017, at 1:30 PM in the Council Chambers at 200 East Main Street in Lexington, Kentucky, with the Chairman presiding. The board addressed two agenda items during the session, including a variance request for Jeff Graves that was ultimately denied and an informational discussion regarding a conditional use permit for Behrs & Dawgs, LLC. Throughout the meeting, the board conducted eight motions and votes on various matters before them. The board also heard from two members of the public who provided comments during the proceedings.

Attendance

The following members were present at the meeting on September 29, 2017:

Present: • Branden Gross • Thomas Glover • Harry Clarke • Chad Needham • Joan Whitman • Jan Meyer • Raquel Carter

All seven members were in attendance with no absences or late arrivals recorded.

Votes and Decisions

The board considered eight applications during the September 29, 2017 meeting, approving seven and denying one.

PLN-BOA-17-00061 2:00: Chad Needham motioned to approve a variance for Harry & Louise Bush to reduce the required side yard from 6 feet, 4 inches to 5 feet. Harry Clarke seconded the motion. The motion passed 4-3 on a roll call vote, with Branden Gross, Thomas Glover, Harry Clarke, and Chad Needham voting in favor, and Joan Whitman, Jan Meyer, and Thomas Glover voting against. The approval includes conditions requiring a minimum average side yard of 5 feet, necessary permits, and compliance with Chevy Chase Neighborhood Design Standards.

PLN-BOA-17-00068 3:00: Harry Clarke motioned to approve Brooke Loyd's variance to reduce the required side yard from 18 inches to 0 inches. Thomas Glover seconded, and the motion passed unanimously 7-0.

PLN-BOA-17-00069 4:00: Thomas Glover motioned to approve Andover Construction's variance to reduce the required front yard from 20 feet to 0 feet. Harry Clarke seconded the motion, which passed 6-1, with Branden Gross casting the sole dissenting vote.

The board unanimously approved four conditional use permits: PLN-BOA-17-00062 5:00 for Tom & Cathryn Miller's home occupation with operating hours limited to 10 a.m. to 7 p.m., Monday through Saturday; PLN-BOA-17-00063 6:00 for Trinity United Methodist Church's building expansion; PLN-BOA-17-00064 7:00 for YMCA of Central Kentucky, Inc.'s picnic shelter expansion; and PLN-BOA-17-00065 8:00 for Time to Shine Car Wash, Inc.'s self-service car wash facility.

PLN-BOA-17-00046 9:00: Chad Needham's motion to approve Jeff Graves' variance to increase allowable driveway width failed unanimously 0-7, with all seven board members voting against the application.

Public Comment

Two community members addressed the board during the public comment period, both speaking about the Hope Center project.

James Brown spoke at 10:00 regarding concerns about the Hope Center project. Brown expressed worries about the high concentration of emergency service agencies in the area and the challenges this concentration brings to the community. He did not elaborate on the specific nature of these challenges in his remarks.

Walter May followed at 11:00 with comments also related to the Hope Center. May addressed the topic of board representation, stating that they are actively seeking someone to serve on the Hope Center board. According to May, this board position would help improve communication between the Hope Center and the community.

Both speakers focused their comments on different aspects of the same project, with Brown raising concerns about the impact of emergency services concentration while May discussed governance and community engagement through board representation.

Contested Items

Two items on the agenda faced significant community opposition during the September 29, 2017 meeting.

Variance for Jeff Graves

Community members voiced strong opposition to a variance request submitted by Jeff Graves. The primary concern centered on the potential precedent that approving front yard parking would set within a historic neighborhood. Residents argued that allowing this variance could undermine the historic character of the area and open the door for similar requests that would fundamentally alter the neighborhood's appearance and integrity. The community opposition highlighted the tension between individual property owner needs and broader neighborhood preservation goals.

Conditional Use Permit for Behrs & Dawgs, LLC.

The conditional use permit application for Behrs & Dawgs, LLC. generated opposition from multiple stakeholders. Local residents raised concerns about potential noise levels that could disrupt the surrounding residential areas. Additionally, the University of Kentucky formally expressed concerns about the impact the proposed use would have on nearby residential neighborhoods. The opposition focused on quality of life issues and the compatibility of the proposed business operations with the existing residential character of the area.

Both contested items reflect common themes in local government decision-making: balancing individual property rights with community standards, and ensuring new developments or changes are compatible with existing neighborhood character. The involvement of both individual residents and institutional stakeholders like the University of Kentucky demonstrates the broader community interest in these decisions and their potential long-term impacts on the area.

*Note: Specific timestamps are not available for this meeting's contested items discussion.*

Variance for Jeff Graves

9:00

The Board of Appeals considered case PLN-BOA-17-00046, a variance request submitted by Jeff Graves to increase the allowable driveway width from the standard 10 feet to 21 feet.

Jeff Graves presented his request to the board, seeking approval for the expanded driveway width that would exceed current zoning regulations. The variance would more than double the permitted width under existing code requirements.

Staff provided their analysis and recommended disapproval of the variance request. The staff determination cited non-compliance with established zoning regulations as the primary reason for the negative recommendation. The current zoning code limits driveway width to 10 feet, and staff found insufficient justification to grant the substantial increase requested.

Following the presentation and staff recommendation, the Board of Appeals denied the variance request. The denial means that Jeff Graves must comply with the existing 10-foot maximum driveway width requirement under current zoning regulations.

The case represents a straightforward variance denial where the applicant's request for expanded driveway dimensions did not meet the criteria necessary to justify deviation from established zoning standards.

Conditional use permit for Behrs & Dawgs, LLC.

12:00

The board reviewed application PLN-BOA-17-00057, a conditional use permit request from Behrs & Dawgs, LLC for live entertainment and a variance to reduce the required setback from a residential zone.

Brian Behr and Taylor Stuckey served as key speakers during the discussion of this agenda item. The applicant sought permission to operate live entertainment at their establishment while also requesting relief from standard setback requirements that typically apply when a commercial property is located adjacent to residential zoning.

Staff presented their analysis of the proposal and recommended approval of the conditional use permit, subject to specific conditions. The staff report indicated that the request met the necessary criteria for approval despite the proximity to residential areas.

The discussion focused on the dual nature of the request - both the conditional use permit for live entertainment activities and the variance component that would allow the business to operate with reduced setbacks from the neighboring residential zone. This type of mixed request requires careful consideration of potential impacts on surrounding residential properties, including noise concerns and other compatibility issues.

The agenda item was treated as an informational discussion, allowing board members to review the details of the application and staff recommendations. No final action was taken during this meeting, suggesting the item may have been scheduled for continued review or formal voting at a subsequent meeting.

The case represents a typical land use planning scenario where commercial entertainment uses must be balanced against residential neighborhood character and quality of life considerations.