Board of Adjustment

Summary

Meeting Overview

The Board of Adjustment convened on October 27, 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, all of which resulted in approvals. The meeting included consideration of multiple variance requests and one conditional use permit application, with the board hearing nine public comments throughout the proceedings. A total of five motions and votes were recorded during the meeting, demonstrating active deliberation on each matter brought before the board.

Attendance

The following members were present at the meeting on October 27, 2017:

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

No members were reported as absent or late for this meeting. All seven members were in attendance.

Votes and Decisions

The Board of Adjustment considered five applications during the October 27, 2017 meeting, approving all items with varying levels of support.

PLN-BOA-17-00072 - The board unanimously approved a variance for Bruce Kuntz to reduce the required side yard setback from 8 feet to 18 inches for a garage addition. Harry Clarke made the motion, seconded by Thomas Glover, with all seven members voting in favor: Branden Gross, Thomas Glover, Harry Clarke, Chad Needham, Joan Whitman, Jan Meyer, and Raquel Carter. The approval requires the garage to maintain a minimum 18-inch side setback and obtain necessary building permits. 0:00

PLN-BOA-17-00074 - Jan Meyer motioned to approve a variance for South Elkhorn Village Shopping Center to increase their identification sign height from 20 feet to 40 feet, with Chad Needham providing the second. The measure passed 6-0-1, with one abstention. Voting in favor were Thomas Glover, Harry Clarke, Chad Needham, Joan Whitman, Jan Meyer, and Raquel Carter. The approval requires compliance with submitted plans and obtaining proper signage permits. 0:00

PLN-BOA-17-00075 - Christine Westover's variance to eliminate the minimum 20-foot side street yard requirement passed unanimously. Chad Needham made the motion, Joan Whitman seconded, and all seven members approved. The parking area must be constructed per the submitted site plan with an 18-foot extension into the property. 0:00

PLN-BOA-17-00071 - Center Point Church received unanimous approval for their conditional use permit to establish a church. Thomas Glover motioned, Jan Meyer seconded, and all members voted favorably. The church must obtain zoning compliance permits and certificates of occupancy before commencing operations. 0:00

PLN-BOA-17-00073 - The most contentious item, The Hub at Lexington's request to reduce required parking spaces by 21%, passed narrowly 4-3. Chad Needham motioned, Raquel Carter seconded. Voting in favor were Branden Gross, Chad Needham, Joan Whitman, and Raquel Carter. Thomas Glover, Harry Clarke, and Jan Meyer voted against the variance. 0:00

Public Comment

Nine community members spoke during the public comment period, with all comments focused on parking concerns related to a variance request 0:00.

Business and Parking Concerns: • Brenda Stewart expressed concerns about the impact of reduced parking on local businesses, emphasizing the need for adequate parking to support customer access • Mary Morgan discussed challenges faced by both businesses and residents due to limited parking, stressing the need for sufficient parking to support both sectors

Residential Impact: • Louis Wolfe highlighted potential negative impacts on residential parking availability if the variance is granted, emphasizing the importance of adequate parking for residents • Jean Scott expressed concerns about the impact on the South Hill neighborhood, emphasizing the potential burden on residents • John Brice shared observations of existing parking congestion in the area, illustrating current demand for parking spaces

Historic Preservation: • Tim Condo, representing the Bluegrass Trust for Historic Preservation, opposed the variance, citing potential negative impacts on the historic character and quality of life in the area

Community and Economic Perspectives: • Mary Campbell highlighted potential negative community impacts and questioned alignment with Lexington's neighborhood-first motto • Amy Clark discussed student parking needs, noting that students require cars for work and expressing concerns about how high rents affect student affordability • Alan Bartley, identifying himself as an economist, argued against the variance, emphasizing the need for a level playing field and adequate parking to protect the community

All speakers appeared to oppose the variance request, with concerns centered on parking adequacy, community impact, and maintaining neighborhood character.

Contested Items

The primary contested item at this meeting was a variance request for The Hub at Lexington development project. The disagreement centered on a proposal to reduce the required number of parking spaces for the development.

The variance request generated significant community opposition, with residents expressing concerns about the potential impact of reduced parking on the surrounding neighborhood. Community members likely raised issues about overflow parking spilling into residential areas and the adequacy of parking for the proposed development's intended use.

The matter proved divisive among board members as well, resulting in a split vote rather than a unanimous decision. Board members appeared to weigh the developer's arguments for the variance against community concerns and standard parking requirements for similar developments.

The specific outcome of the split vote and which board members voted for or against the variance request was not detailed in the available information. However, the contentious nature of the item and the split vote indicate this was one of the more significant and debated issues addressed during the meeting.

*Note: Specific transcript timestamps and additional details about the arguments presented by each side, the exact vote count, and the final outcome would require access to the complete meeting transcript and voting records.*

Variance for Bruce Kuntz

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The board considered agenda item III.C.1, a variance request from Bruce Kuntz to reduce the required side yard setback from 8 feet to 0 feet for the purpose of expanding an existing accessory garage on his property.

Bruce Kuntz presented his request to the board, seeking permission to build his garage expansion directly adjacent to the property line with no side yard setback. The proposed expansion would allow him to enlarge his existing accessory garage structure.

Staff had reviewed the variance application and recommended approval, but with modified conditions. Rather than approving the full reduction to 0 feet as requested by Kuntz, staff recommended reducing the required side yard setback to 18 inches. This compromise would still allow for the garage expansion while maintaining a minimal buffer from the property line.

The staff recommendation represented a significant reduction from the standard 8-foot side yard requirement while stopping short of eliminating the setback entirely. The 18-inch setback would provide some separation between the expanded garage and the adjacent property.

The board approved the variance request following the staff recommendation. The approval allows Bruce Kuntz to proceed with his accessory garage expansion with the modified side yard setback of 18 inches rather than the standard 8 feet or his originally requested 0 feet.

This variance approval enables Kuntz to expand his existing garage structure while maintaining a minimal side yard buffer as recommended by planning staff.

Variance for South Elkhorn Village Shopping Center

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The Planning Commission considered agenda item III.C.2, a variance request for the South Elkhorn Village Shopping Center to increase the height of an identification sign from the standard 20 feet to 40 feet.

Jacob Walbourn served as the key speaker presenting this variance request to the commission. The proposal sought to double the permitted sign height for the shopping center's identification signage.

Staff provided a recommendation for approval of the variance, though this approval came with specific conditions that would need to be met. The details of these conditions were not specified in the available materials, but staff's positive recommendation indicated that the request met the necessary criteria for variance approval under the zoning ordinance.

The commission ultimately approved the variance request, allowing the South Elkhorn Village Shopping Center to proceed with installing a 40-foot identification sign rather than being limited to the standard 20-foot height restriction. This approval enables the shopping center to have more prominent signage that would be visible from greater distances, potentially improving wayfinding and business identification for the commercial development.

The variance approval represents a deviation from standard zoning requirements, which typically requires demonstration of unique circumstances or hardships that justify the exception to normal height limitations for commercial signage.

Variance for Christine Westover

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The board considered agenda item III.C.3, a variance request from Christine Westover to reduce the minimum side street yard setback from 20 feet to 0 feet for the purpose of creating an off-street parking area.

Jacob Walbourn presented the staff recommendation, which was to approve the variance with conditions. The specific details of the conditions and the rationale for the staff's positive recommendation were not detailed in the available materials.

The variance would allow Westover to utilize her property more effectively by creating additional parking space that would otherwise be prohibited under the standard 20-foot side street yard requirement. This type of setback variance is commonly requested when property owners seek to maximize their land use for practical purposes such as parking.

The board approved the variance request as recommended by staff. No significant opposition or concerns were noted during the discussion of this item.

Conditional Use Permit for Center Point Church

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The council considered agenda item III.D.1, a conditional use permit application from Center Point Church to establish a church in an existing building.

Todd Thomas served as the key speaker for this item, presenting the details of the church's request to the council. The application sought permission to operate a religious facility in a building that would require conditional use approval under the city's zoning regulations.

City staff conducted a review of the proposal and recommended approval of the conditional use permit, though their recommendation included specific conditions that the church would need to meet. The staff analysis determined that the proposed church use was appropriate for the location and compatible with surrounding land uses.

The council proceeded to vote on the conditional use permit application following the presentation and any discussion of the proposal. The council approved the conditional use permit for Center Point Church, allowing them to move forward with establishing their religious facility in the existing building, subject to the conditions outlined in the staff recommendation.

This approval enables Center Point Church to operate at the proposed location while ensuring compliance with local zoning requirements and any specific operational conditions deemed necessary by city staff and the council.

Variance for The Hub at Lexington

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The council considered agenda item III.C.4, a variance request from The Hub at Lexington to reduce their required parking spaces by 21%.

Key speakers during the discussion included Dick Murphy and Nathan Billings, who presented details about the variance request and its implications for the development project.

Staff had reviewed the application and recommended approval of the variance, though their recommendation came with specific conditions that would need to be met by the developer. The variance would allow The Hub at Lexington to provide fewer parking spaces than typically required under the city's zoning ordinance.

The council engaged in discussion about the merits of the request, though the specific concerns raised and details of the debate were not captured in the available meeting materials.

When the matter came to a vote, the motion to approve the variance passed, though it was not unanimous. The split vote indicates that some council members had reservations about granting the parking reduction, while others supported the staff recommendation.

The approval of this variance allows The Hub at Lexington to move forward with their development plans while providing 21% fewer parking spaces than would normally be required under city regulations.