Board of Adjustment

Summary

Meeting Overview

The Urban County Board of Adjustment convened on February 12, 2018, at 1:00 PM in the Council Chambers at 200 East Main Street in Lexington, Kentucky, with Branden Gross presiding as the meeting officer. The board addressed 10 agenda items during the session, taking 10 formal votes on various variance requests, conditional use permits, and administrative reviews. The meeting included one public comment period, allowing community input on the matters under consideration.

Of the 10 items reviewed, the board approved 5 applications, denied 4 applications, and tabled 1 application for future consideration. The approved items included variances for overhead door distance, side yard reduction, landscape buffer elimination, an administrative review for non-conforming use change, and a conditional use permit for a home-based business. The board denied four applications: two separate variance requests for fence height increases, a variance for floor area ratio and building height, and a conditional use permit for bed and breakfast and events operations. One item regarding an administrative review and conditional use for special events was tabled, indicating the need for additional information or consideration before a final decision could be made.

The meeting demonstrated the board's role in reviewing zoning-related requests and balancing property owner needs with community standards and regulations.

Attendance

The following members were present at the February 12, 2018 meeting:

• Branden Gross
• Harry Clarke
• Joan Whitman
• Raquel Carter
• Thomas Glover

Two members were absent:

• Chad Needham
• Jan Meyer

No members arrived late to the meeting.

Votes and Decisions

The board considered ten items during the February 12, 2018 meeting, with five members voting on each matter: Branden Gross, Harry Clarke, Joan Whitman, Raquel Carter, and Thomas Glover.

Approved Items:

• PLN-BOA-18-00005 2:12: Thomas Glover motioned to approve a variance reducing the required distance of an overhead door from 100 feet to 68 feet, seconded by Joan Whitman. The motion passed unanimously 5-0, subject to three conditions and based on the submitted site plan.

• PLN-BOA-18-00006 2:20: Harry Clarke motioned to approve a variance reducing the required side street side yard from 30 feet to 10 feet, seconded by Raquel Carter. The motion passed unanimously 5-0, based on staff recommendation and subject to conditions.

• PLN-BOA-18-00008 2:30: Raquel Carter motioned to approve a variance eliminating the required 'zone to zone' landscape buffer, seconded by Joan Whitman. The motion passed unanimously 5-0, based on staff recommendation and subject to conditions.

• PLN-BOA-18-00010 2:40: Thomas Glover motioned to approve an administrative review to change one legal non-conforming use to another, seconded by Harry Clarke. The motion passed unanimously 5-0, for reasons recommended by staff and subject to conditions.

• PLN-BOA-18-00014 9:00: Raquel Carter motioned to approve a conditional use permit to operate a home-based business for firearm appraisal, seconded by Harry Clarke. The motion passed unanimously 5-0, subject to 8 conditions listed by staff.

Denied Items:

Four applications were unanimously denied 5-0: PLN-BOA-18-00009 and PLN-BOA-18-00011 (both fence height variances from 4 to 6 feet) [timestamps: 05:00, 06:00], PLN-BOA-18-00013 (floor area ratio and building height variance) 7:00, and PLN-BOA-18-00004 (bed and breakfast with wedding venue conditional use) 8:00.

Postponed Item:

• PLN-BOA-18-00007 10:00: Thomas Glover motioned to postpone the administrative review and conditional use for special events and seasonal activities until March 12, 2018, seconded by Harry Clarke. The postponement was approved unanimously 5-0.

Public Comment

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

James Brown spoke regarding neighborhood redevelopment 7:30. He expressed concerns about the scale and character of new developments currently taking place in the neighborhood. Brown emphasized the importance of developers being more considerate of existing residents when planning and implementing new projects in the area.

Appointments

The meeting included several reappointments to key leadership positions. Three individuals were reappointed to their respective roles:

• Branden Gross was reappointed as Chairperson
• Thomas Glover was reappointed as Vice-Chairperson
• Joan Whitman was reappointed as Secretary

These reappointments maintain continuity in the leadership structure, with all three officials continuing in their current positions for another term.

Contested Items

Three variance and conditional use requests faced significant community opposition during the February 12, 2018 meeting.

Fence Height Variance - Wayne and Linda Bussell Wayne and Linda Bussell requested a variance to increase fence height on their property. The proposal encountered substantial community opposition from residents who raised concerns about how the increased fence height would impact neighborhood character and safety. Community members expressed worry that the taller fence would be inconsistent with the established residential aesthetic and could create safety issues.

Floor Area Ratio and Building Height Variance - Jimmy Eichner Jimmy Eichner sought variances for both floor area ratio and building height requirements for a proposed structure. The request faced opposition from community members who argued that the proposed building would be out of character with the surrounding neighborhood. Residents also expressed concerns about potential disruptions and impacts associated with the construction process, suggesting the project would be incompatible with the existing residential environment.

Conditional Use for Bed and Breakfast and Events - Tyler Schilling Tyler Schilling requested conditional use approval to operate a bed and breakfast facility and host events on the property. This proposal generated community opposition centered on several key issues. Residents raised concerns about increased traffic that would result from the commercial operation in a residential area. Noise concerns were also prominent, with community members worried about disruptions from both overnight guests and special events. Additionally, opponents questioned whether the proposed use would comply with existing zoning regulations for the area.

All three contested items involved community members actively participating in the public hearing process to voice their opposition to the proposed variances and conditional use requests, citing impacts on neighborhood character, safety, traffic, noise, and zoning compliance.

Variance for Overhead Door Distance

2:12

The board considered agenda item PLN-BOA-18-00005, a variance request submitted by Buddy Prather Jr. to reduce the required setback distance for an overhead door from the standard 100 feet to 68 feet from a residential zone.

Buddy Prather Jr. presented the variance request to the board, seeking relief from the municipal code requirements that mandate overhead doors maintain a minimum distance of 100 feet from residential zoning areas. The applicant requested approval to construct or maintain an overhead door at a reduced distance of 68 feet from the nearest residential zone boundary.

The board reviewed the variance application and determined that the request met the necessary criteria for approval. Following their deliberation, the board voted to approve the variance with conditions, though the specific conditions attached to the approval were not detailed in the available materials.

This variance allows the applicant to proceed with their project at the reduced setback distance while maintaining appropriate safeguards through the imposed conditions. The approval of PLN-BOA-18-00005 provides Buddy Prather Jr. with the necessary relief from the standard zoning requirements to move forward with the overhead door installation at the 68-foot setback distance.

Variance for Side Yard Reduction

2:20

The Board of Adjustment considered case PLN-BOA-18-00006, a variance request from Lexington Habitat for Humanity to reduce the required side street side yard setback from 30 feet to 10 feet.

Peter Carew served as a key speaker during the discussion of this variance application. The request involved reducing the standard setback requirement by 20 feet, representing a significant modification to the typical zoning requirements.

Following deliberation, the board approved the variance request with conditions. The approval allows Lexington Habitat for Humanity to proceed with their project using the reduced 10-foot side street side yard setback instead of the standard 30-foot requirement.

The specific conditions attached to the approval were not detailed in the available materials, but the board's decision to approve the variance with stipulations suggests they found the request reasonable while ensuring appropriate safeguards were in place.

This variance approval enables Lexington Habitat for Humanity to move forward with their development plans under the modified setback requirements, supporting the organization's mission to provide affordable housing in the community.

Variance for Landscape Buffer Elimination

2:30

The board considered agenda item PLN-BOA-18-00008, a variance request from Jason Futch to eliminate the required "zone to zone" landscape buffer for his property.

Futch presented his request to the board, seeking relief from the municipal landscaping requirements that typically mandate buffer zones between different zoning classifications. The specific details of the property location and the nature of the adjacent zoning were discussed during his presentation.

The board reviewed the variance application and evaluated whether the request met the criteria for granting relief from the standard landscape buffer requirements. These types of variances typically require demonstration of hardship or unique circumstances that make compliance with the standard buffer requirements impractical or unreasonable.

Following discussion and consideration of the merits of the request, the board voted to approve the variance. However, the approval came with conditions, though the specific nature of those conditions was not detailed in the available materials.

The approval of PLN-BOA-18-00008 allows Futch to proceed with his project without installing the landscape buffer that would normally be required between the different zoning areas on or adjacent to his property. The conditional approval suggests the board found merit in the request while still maintaining some level of oversight or requirements to address any potential impacts from eliminating the buffer zone.

Administrative Review for Non-Conforming Use Change

2:40

The board reviewed application PLN-BOA-18-00010, an administrative review request submitted by Michael Stuart to change a legal non-conforming use from an auto repair business to a window washing business.

Stuart presented his request to transition the existing non-conforming auto repair operation to a window washing business at the same location. The application sought approval to change from one type of legal non-conforming use to another under the city's zoning regulations.

The board evaluated whether the proposed window washing business would be compatible with the surrounding area and whether it met the criteria for non-conforming use changes. The discussion focused on the operational differences between the current auto repair use and the proposed window washing business, including potential impacts on neighboring properties.

After reviewing the application materials and hearing Stuart's presentation, the board determined that the window washing business would be an appropriate replacement for the auto repair use. The board found that the new use would likely generate less intensive activity and be more compatible with the surrounding neighborhood than the existing auto repair operation.

The board approved PLN-BOA-18-00010 with conditions. The approval allows Michael Stuart to proceed with converting the legal non-conforming auto repair business to a window washing business, subject to compliance with the specified conditions attached to the approval.

Variance for Fence Height Increase

5:00

The Board of Appeals considered case PLN-BOA-18-00009, a variance request submitted by Wayne and Linda Bussell to increase the allowable fence height from the standard 4 feet to 6 feet on their property.

Richard Getty served as a key speaker during the discussion of this variance request. The Bussells sought permission to exceed the municipal fence height regulations, which typically limit residential fencing to 4 feet in height.

After reviewing the application and hearing the presentation, the Board of Appeals denied the variance request. The board determined that the applicants had not met the necessary criteria required for granting a variance to the existing fence height ordinance.

The denial means the Bussells must comply with the existing 4-foot fence height limitation established in the municipal code. No alternative solutions or conditions were offered as part of the board's decision.

Variance for Fence Height Increase

6:00

The board considered agenda item PLN-BOA-18-00011, a variance request from Wynndale Development, LLC to increase the allowable fence height from 4 feet to 6 feet.

Jacob Walbourn served as the key speaker for this agenda item, presenting the variance request to the board members.

Following the presentation and board discussion, the variance request was denied. The board did not approve Wynndale Development, LLC's request to exceed the standard 4-foot fence height limitation and construct a 6-foot fence on the property.

The specific reasons for the denial, details of the property location, and any conditions or alternatives discussed during the deliberation were not captured in the available meeting materials.

Variance for Floor Area Ratio and Building Height

7:00

The board considered agenda item PLN-BOA-18-00013, a variance request submitted by Jimmy Eichner to increase the allowable floor area ratio and building height for his property.

Jim Eichner presented his case to the board, seeking approval for the variance that would allow construction beyond the current zoning limitations for both floor area ratio and building height requirements.

Following the presentation and board discussion, the variance request was denied. The board did not approve the requested increases to either the floor area ratio or building height allowances for the property.

The denial means the property must comply with existing zoning regulations regarding both floor area ratio and maximum building height restrictions.

Conditional Use for Bed and Breakfast and Events

8:00

The board considered application PLN-BOA-18-00004, a conditional use request submitted by Tyler Schilling to establish a bed and breakfast operation and host weddings and events on his property.

Schilling presented his proposal to the board, seeking approval for the dual-purpose commercial use that would combine overnight accommodations with event hosting capabilities. The application represented a request to modify the permitted uses of the property to include these hospitality and entertainment functions.

Following deliberation on the conditional use application, the board ultimately denied Schilling's request. The specific concerns or objections that led to the denial were discussed during the meeting proceedings, though the detailed reasoning behind the board's decision would require review of the full meeting transcript.

The denial means Schilling will not be permitted to operate the proposed bed and breakfast or host weddings and events under this conditional use application. If he wishes to pursue the project, he would need to address the board's concerns and potentially resubmit a revised application or appeal the decision through appropriate channels.

This agenda item demonstrates the board's role in evaluating requests for conditional uses that would introduce commercial activities into areas where such uses require special approval and consideration of potential impacts on the surrounding community.

Conditional Use for Home-Based Business

9:00

The board considered application PLN-BOA-18-00014 for a conditional use permit submitted by Ensslin Enterprises and Consulting, LLC to operate a home-based business specializing in firearm appraisal services.

The applicant presented their request to the board, seeking approval to conduct firearm appraisal activities from their residential property. The proposed home-based business would involve evaluating and appraising firearms for clients.

Following the applicant's presentation and board discussion, the conditional use permit was approved. The board granted the permit with specific conditions attached to ensure compliance with local zoning regulations and to address any potential impacts on the surrounding residential area.

The approval allows Ensslin Enterprises and Consulting, LLC to proceed with operating their firearm appraisal business from their home location, subject to the conditions established by the board as part of the conditional use permit.

Administrative Review and Conditional Use for Special Events

10:00

The board considered agenda item PLN-BOA-18-00007, an administrative review and conditional use application for special events and seasonal activities submitted by Michael Booth.

Michael Booth presented his request to the board, seeking approval for special events and seasonal activities through the administrative review and conditional use process. The specific details of the proposed events and activities were discussed during the presentation.

Following the presentation and board discussion, the members determined that additional time was needed to properly evaluate the application. Rather than proceeding with a decision during this meeting, the board chose to postpone their determination on the matter.

The outcome of this agenda item was that the decision was tabled, allowing for further review and consideration at a future meeting. This postponement will provide the board with additional time to examine the details of Booth's proposal and any relevant considerations before making their final determination on the administrative review and conditional use application for special events.