Board of Adjustment

Summary

Meeting Overview

The Board of Adjustment convened on December 15, 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 four agenda items during the session, all involving conditional use permits and variance requests for various development projects throughout the city. The board took four votes during the meeting and heard one public comment from a community member. All four agenda items were approved by the board, including conditional use permits for Serenity Place, Whitehaven, and Time to Shine Car Wash, as well as a conditional use permit and variance request for Man O' War Golf.

Attendance

The following members were present at the December 15, 2017 meeting:

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

Absent: • None

Late Arrivals: • Joan Whitman • Thomas Glover

All seven members were ultimately in attendance, with no absences recorded. Two members, Joan Whitman and Thomas Glover, arrived after the meeting had begun.

Votes and Decisions

The board took action on four conditional use permit applications during the December 15, 2017 meeting.

PLN-BOA-17-00085 - Serenity Place 10:00 Jan Meyer motioned to approve the conditional use permit for Serenity Place, seconded by Harry Clarke. The motion passed 4-0 on a roll call vote, with Branden Gross, Harry Clarke, Chad Needham, and Jan Meyer voting in favor. The approval is subject to four conditions outlined by staff.

PLN-BOA-17-00088 - Man O' War Golf 20:00 Harry Clarke motioned to approve the conditional use permit and variance for Man O' War Golf, seconded by Chad Needham. The motion passed 6-0 on a roll call vote, with Branden Gross, Harry Clarke, Chad Needham, Jan Meyer, Raquel Carter, and Joan Whitman voting in favor. The approval is subject to four conditions outlined by staff.

PLN-BOA-17-00086 - Whitehaven 40:00 Chad Needham motioned to approve the conditional use permit for Whitehaven, seconded by Thomas Glover. The motion passed unanimously 7-0, with all board members voting in favor: Branden Gross, Harry Clarke, Chad Needham, Jan Meyer, Raquel Carter, Joan Whitman, and Thomas Glover. The approval is subject to six conditions outlined by staff.

BOA-17-00089 - Time to Shine Car Wash 1:20:00 Raquel Carter motioned to approve the conditional use permit for Time to Shine Car Wash, seconded by Joan Whitman. The motion passed 4-3 on a roll call vote. Voting in favor were Branden Gross, Raquel Carter, Joan Whitman, and Thomas Glover. Voting against were Jan Meyer and Harry Clarke. The approval is subject to seven conditions including noise mitigation requirements.

Public Comment

One member of the public addressed the meeting during the public comment period.

Peter Brown spoke regarding noise concerns related to the Time to Shine Car Wash 1:15:00. Brown expressed concerns about potential noise impacts from the car wash operations that could affect his nearby business. However, he indicated that he was withdrawing his opposition to the project after reaching an agreement on noise mitigation measures.

The public comment period focused solely on the car wash project, with Brown being the only speaker to address the meeting. His comments centered on finding a resolution to noise-related issues rather than maintaining opposition to the development.

Appointments

The council took action on one appointment during the meeting.

• Louis Hillenmeyer, III was reappointed to the Landscape Review Committee

The reappointment of Hillenmeyer maintains continuity on the committee that reviews landscape-related matters for the city. No additional details about the term length or voting results were provided in the available meeting materials.

Contested Items

The December 15, 2017 meeting featured one contested item that resulted in a split vote among council members.

Time to Shine Car Wash Conditional Use Permit

The primary point of contention during the meeting involved the approval of a conditional use permit for Time to Shine Car Wash. The proposal generated significant debate among council members, with disagreements centering on two main concerns: potential traffic impacts and noise issues that could affect the surrounding area.

Council members expressed divided opinions on whether the car wash operation would create unacceptable disruptions to the neighborhood. Those opposing the permit raised questions about increased vehicle traffic patterns and the noise levels that would be generated by the car wash equipment and customer activity.

The debate ultimately resulted in a split vote, indicating that the council was closely divided on the merits of approving the conditional use permit. The split vote demonstrates the challenging nature of balancing economic development opportunities with community concerns about quality of life impacts.

*Note: Specific vote tallies, individual council member positions, and the final outcome of the vote are not available in the provided meeting data. Transcript timestamps are not available for this meeting record.*

Serenity Place Conditional Use Permit

10:00

The commission considered agenda item III.D.1, a request for a conditional use permit to establish an outpatient office in a Planned Neighborhood Residential (R-3) zone for Serenity Place.

Tonya Jernigan served as the key speaker for this agenda item, presenting the conditional use permit application to the commission members.

The request involved establishing an outpatient office facility within a residential zoning district, which required special approval through the conditional use permit process due to the commercial nature of the proposed use in a residential zone.

Following discussion of the application, the commission approved the conditional use permit for Serenity Place, allowing the outpatient office to operate in the R-3 zoned area subject to the conditions outlined in the permit.

Whitehaven Conditional Use Permit

40:00

The commission reviewed agenda item III.D.3, a request for a conditional use permit to establish a wedding and events venue in an Agricultural Urban (A-U) zone. Nathan Billings served as the key speaker for this item.

The applicant sought approval to operate a wedding and events venue within the Agricultural Urban zoning district, which requires a conditional use permit for this type of commercial activity. The A-U zone typically allows agricultural uses by right, but event venues require special approval to ensure compatibility with the agricultural character of the area.

During the discussion, the commission evaluated the proposal's compliance with zoning requirements and its potential impact on the surrounding agricultural area. The conditional use permit process allows the commission to impose specific conditions to mitigate any potential negative effects on neighboring properties and ensure the use remains compatible with the zone's intended purpose.

Following their review and discussion of the application, the commission approved the conditional use permit for the Whitehaven wedding and events venue. The approval allows the applicant to move forward with establishing the venue in the Agricultural Urban zone, subject to any conditions that may have been imposed as part of the permit approval.

Man O' War Golf Conditional Use Permit and Variance

20:00

The board considered agenda item III.D.2, a request for a conditional use permit to expand an existing golf course and a variance to increase the maximum height of a sign at Man O' War Golf.

Laura Wachter served as the key speaker presenting the application to the board. The proposal involved two components: expanding the existing golf course facilities through a conditional use permit and seeking a variance to allow for a taller sign than currently permitted under local regulations.

The board reviewed the application materials and heard the presentation regarding the golf course expansion plans and the rationale for the increased sign height variance. The discussion covered the specifics of how the expansion would affect the existing golf course operations and the justification for exceeding the standard sign height limitations.

Following the presentation and board discussion, the conditional use permit and variance request was approved. The approval allows Man O' War Golf to proceed with their proposed expansion of the golf course facilities and to install signage that exceeds the standard height restrictions under the granted variance terms.

Time to Shine Car Wash Conditional Use Permit

1:20:00

The council considered agenda item III.D.4, a request for a conditional use permit to establish a self-service car wash in a Neighborhood Business (B-1) zone. The application was submitted by Time to Shine Car Wash.

Darrin Croucher presented the proposal to the council. The project involves establishing a self-service car wash facility within the B-1 zoning district, which requires conditional use permit approval for this type of business operation.

The council reviewed the application materials and discussed the proposed car wash facility's compatibility with the surrounding neighborhood business area. The B-1 zone designation allows for various commercial uses, but car wash operations require special consideration through the conditional use permit process to ensure they meet appropriate standards for the area.

Following their review and discussion of the proposal, the council voted to approve the conditional use permit for Time to Shine Car Wash. The approval allows the business to proceed with establishing the self-service car wash facility in the designated B-1 zone location, subject to meeting all applicable zoning requirements and permit conditions.