Board of Adjustment

Summary

Meeting Overview

The Board of Adjustment convened on November 17, 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 six agenda items, all involving planning and zoning matters with case numbers beginning with PLN-BOA-17. During the meeting, the board took six votes and heard two public comments from attendees.

The board approved five of the six cases presented, including applications from Continental Properties Company, Inc. (PLN-BOA-17-00076), Spy Coast Farm Kentucky, LLC (PLN-BOA-17-00078), Habitat for Humanity Restore (PLN-BOA-17-00080), and two separate applications from Rainstorm Express Car Wash (PLN-BOA-17-00081 and PLN-BOA-17-00082). The only application that was denied was PLN-BOA-17-00077 submitted by Clark's Central, LLC. The meeting demonstrated active public engagement with the planning process, as evidenced by the public comments received during the proceedings.

Attendance

The following members were present at the November 17, 2017 meeting:

• Branden Gross
• Harry Clarke
• Chad Needham
• Joan Whitman (arrived late)
• Jan Meyer
• Raquel Carter

Absent: • Thomas Glover

Late Arrival: • Joan Whitman

Six of the seven members attended the meeting, with one member absent and one arriving late to the proceedings.

Votes and Decisions

The board considered six conditional use permit applications during the November 17, 2017 meeting, approving five unanimously and denying one.

PLN-BOA-17-00076 10:00 - Continental Properties Company, Inc.'s request for a conditional use permit to establish a temporary leasing office was approved unanimously. Raquel Carter made the motion, seconded by Joan Whitman. All six board members voted in favor: Branden Gross, Harry Clarke, Chad Needham, Joan Whitman, Jan Meyer, and Raquel Carter. The approval is subject to four conditions outlined by staff.

PLN-BOA-17-00078 20:00 - Spy Coast Farm Kentucky, LLC's request for a conditional use permit to establish/operate an equine rehabilitation facility passed unanimously. Jan Meyer motioned for approval, with Chad Needham providing the second. The same six members voted in favor, with approval subject to two staff conditions.

PLN-BOA-17-00080 30:00 - Habitat for Humanity Restore's request for a conditional use permit to establish a retail store received unanimous approval. Chad Needham made the motion, seconded by Harry Clarke. All six board members voted yes, with approval subject to two staff conditions.

PLN-BOA-17-00081 40:00 - Rainstorm Express Car Wash's request for a conditional use permit to establish a self-service car wash at 2145 Sir Barton Way was approved unanimously. Harry Clarke motioned for approval, Joan Whitman seconded. The approval includes six staff conditions.

PLN-BOA-17-00082 50:00 - A second Rainstorm Express Car Wash location at 351 Meijer Way also received unanimous approval. Chad Needham made the motion, Joan Whitman seconded, with the same six conditions as the previous location.

PLN-BOA-17-00077 60:00 - Clark's Central, LLC's request for a conditional use permit to provide a drive-through window accessory to a convenience store/gas station failed by a 4-2 vote. Jan Meyer motioned for approval, Chad Needham seconded. Voting in favor were Jan Meyer and Chad Needham. Voting against were Raquel Carter, Harry Clarke, Branden Gross, and Joan Whitman.

Public Comment

Two residents spoke during the public comment period, both expressing opposition to a proposed drive-through for Clark's Central, LLC.

Jerome Higginbotham 70:00 addressed the meeting representing the Cardinal Valley Neighborhood Association. Higginbotham voiced concerns about the potential traffic impacts and safety issues that could result from the proposed drive-through facility. He spoke on behalf of the neighborhood association's position against the development.

Jennifer Reynolds 80:00, a resident of Delmont Drive, also spoke in opposition to the Clark's Central, LLC drive-through proposal. Reynolds raised two primary concerns: the anticipated increase in traffic that would affect the area, and the potential for increased alcohol sales associated with the drive-through operation. Her comments reflected concerns about both traffic safety and community impacts related to alcohol availability.

Both speakers focused their remarks specifically on the Clark's Central, LLC drive-through proposal, with traffic concerns being a common theme between the two public comments. The speakers represented both organized neighborhood opposition through the Cardinal Valley Neighborhood Association and individual resident concerns from the directly affected area.

Contested Items

The November 17, 2017 meeting featured one primary contested item that generated significant community debate.

Clark's Central, LLC Drive-Through Permit

The most contentious issue of the meeting involved a drive-through permit application submitted by Clark's Central, LLC. The proposal encountered substantial opposition from local residents who raised concerns about the potential impact on their neighborhood.

The primary objections centered on two key issues: - Traffic concerns: Residents expressed worry that the proposed drive-through facility would significantly increase vehicle traffic in the area - Safety issues: Community members voiced concerns about potential safety hazards that could result from the increased vehicular activity

The opposition appeared to be organized, with multiple local residents participating in the discussion to voice their concerns about the permit application. The community pushback represented a coordinated effort by neighborhood stakeholders who felt the proposed drive-through operation would negatively impact their quality of life and local safety conditions.

The nature of the opposition suggests this was not merely individual complaints but rather a broader community concern about the appropriateness of the proposed commercial development in their area. Residents appeared to have mobilized collectively to present their case against the permit approval.

*Note: Specific transcript timestamps, participant names, and the final outcome of this contested item are not available in the provided meeting data.*

PLN-BOA-17-00076: Continental Properties Company, Inc.

10:00

The Board of Adjustment reviewed a request from Continental Properties Company, Inc. for a conditional use permit to establish a temporary leasing office in a Planned Neighborhood Residential (R-3) zone.

Caitlin LaJoie presented the application on behalf of the company. The request sought approval to operate a temporary leasing office within the R-3 zoned area, which would serve as a sales and leasing facility for residential properties in the development.

The conditional use permit was necessary because temporary leasing offices are not permitted by right in R-3 zones and require special approval from the Board of Adjustment. The application demonstrated that the proposed use would be compatible with the surrounding residential character while providing necessary services for the development.

Following the presentation and discussion, the Board of Adjustment approved the conditional use permit request. The approval allows Continental Properties Company, Inc. to proceed with establishing the temporary leasing office in the Planned Neighborhood Residential zone, subject to any conditions that may have been specified during the approval process.

This approval enables the company to move forward with their leasing operations while maintaining compliance with local zoning regulations and ensuring the temporary nature of the facility aligns with the long-term residential development plans for the area.

PLN-BOA-17-00078: Spy Coast Farm Kentucky, LLC.

20:00

The Board of Adjustment considered a request from Spy Coast Farm Kentucky, LLC for a conditional use permit to establish and operate an equine rehabilitation facility in the Agricultural Rural (A-R) zone.

Sam Carneal served as the key speaker presenting this agenda item to the board. The application sought approval to operate a specialized facility focused on horse rehabilitation services within the existing agricultural zoning framework.

The proposed equine rehabilitation facility would provide therapeutic and recovery services for horses, which aligns with the agricultural nature of the A-R zoning district. Such facilities typically offer services including physical therapy, recovery care for injured horses, and specialized treatment programs designed to return horses to full health and activity.

The conditional use permit process allows for uses that may be appropriate within a zoning district but require additional review to ensure compatibility with surrounding properties and compliance with local regulations. For equine rehabilitation facilities, considerations typically include traffic patterns, facility operations, environmental impacts, and integration with the rural agricultural character of the area.

Following the presentation and discussion of the application, the Board of Adjustment voted to approve the conditional use permit for Spy Coast Farm Kentucky, LLC. This approval allows the applicant to proceed with establishing and operating the equine rehabilitation facility in accordance with the terms and conditions set forth in the permit.

The approval enables Spy Coast Farm Kentucky, LLC to move forward with their plans to provide specialized equine rehabilitation services while maintaining compliance with local zoning requirements and agricultural land use objectives in the A-R district.

PLN-BOA-17-00080: Habitat for Humanity Restore

30:00 The board considered a conditional use permit request for Habitat for Humanity to establish a retail store in a Light Industrial (I-1) zone. The proposed Habitat for Humanity Restore would sell furniture and household-related items as part of the organization's fundraising operations.

Tony Barrett served as a key speaker during the discussion of this agenda item. The request involved establishing retail operations in an industrial zoning district, which required conditional use permit approval to ensure compatibility with the surrounding area and zoning requirements.

The Habitat for Humanity Restore concept involves accepting donations of furniture, appliances, building materials, and other household items, then reselling them to the public at reduced prices. The proceeds from these sales support Habitat for Humanity's mission of building affordable housing in the community.

The board ultimately approved the conditional use permit request, allowing Habitat for Humanity to move forward with establishing their Restore location in the Light Industrial zone. This approval enables the organization to operate their retail fundraising operation while maintaining compliance with local zoning regulations.

The approval of PLN-BOA-17-00080 provides Habitat for Humanity with the necessary permits to establish their retail presence and continue their community housing initiatives through this revenue-generating store concept.

PLN-BOA-17-00081: Rainstorm Express Car Wash

40:00

The Board of Adjustment considered a request for a conditional use permit to establish a self-service car wash facility at 2145 Sir Barton Way. The proposed business, Rainstorm Express Car Wash, would operate in a Planned Shopping Center (B-6P) zoning district.

Jihad Hallany served as the key speaker presenting the application to the board. The request involved obtaining the necessary conditional use permit required for car wash operations in the B-6P zone.

The application was for a self-service car wash facility, which would allow customers to wash their own vehicles using the provided equipment and facilities. The location at 2145 Sir Barton Way falls within the planned shopping center zoning classification, which requires conditional use approval for this type of automotive service business.

Following the presentation and board discussion, the conditional use permit application was approved, allowing Rainstorm Express Car Wash to proceed with establishing their self-service car wash operation at the proposed location.

PLN-BOA-17-00082: Rainstorm Express Car Wash

50:00

The Board of Appeals considered a request for a conditional use permit to establish a self-service car wash facility in a Planned Shopping Center (B-6P) zone at 351 Meijer Way. The application was submitted under case number PLN-BOA-17-00082 for Rainstorm Express Car Wash.

Jihad Hallany served as the key speaker presenting the proposal to the board. The request involved establishing a self-service car wash operation at the specified Meijer Way location, which required conditional use approval due to the B-6P zoning designation of the property.

The board reviewed the application materials and heard the presentation regarding the proposed car wash facility. The location at 351 Meijer Way falls within a planned shopping center zone, which necessitated the conditional use permit process for this type of commercial operation.

Following discussion and consideration of the proposal, the Board of Appeals approved the conditional use permit request for the Rainstorm Express Car Wash project. The approval allows the establishment of the self-service car wash facility to proceed at the designated location in accordance with the terms and conditions of the conditional use permit.

PLN-BOA-17-00077: Clark's Central, LLC.

60:00

The Board of Adjustment considered a request from Clark's Central, LLC for a conditional use permit to add a drive-through window accessory to a convenience store/gas station located in a Neighborhood Business (B-1) zone.

Key speakers during the discussion included Jason Harrod, Jerome Higginbotham, and Jennifer Reynolds, who presented various aspects of the proposal and raised concerns about the application.

The request sought approval to install drive-through service capabilities at an existing convenience store and gas station facility. Drive-through windows require conditional use permits in B-1 zoning districts, necessitating Board of Adjustment review and approval.

Following discussion and consideration of the application materials, testimony, and relevant zoning requirements, the Board of Adjustment denied the conditional use permit request. The specific reasons for denial and detailed concerns raised during the deliberation were part of the board's decision-making process regarding this drive-through accessory proposal.

The denial means Clark's Central, LLC cannot proceed with installing the proposed drive-through window at their convenience store/gas station under the current application.