Board of Adjustment

Summary

Meeting Overview

The Board of Adjustment convened on March 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 eight agenda items during the session, taking a total of nine votes on various conditional use permits, administrative reviews, and variance requests. The meeting proceeded without any public comments from attendees. Of the eight matters considered, six were approved, one was denied, and one was postponed for future consideration, demonstrating active deliberation on zoning and land use issues affecting the Lexington community.

Attendance

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

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

Absent: • Joan Whitman

No members arrived late to the meeting.

Votes and Decisions

The board took action on nine items during the March 12, 2018 meeting, with most receiving unanimous approval.

Minutes Approval 2:00 Raquel Carter motioned to approve the February 12, 2018 meeting minutes, seconded by Harry Clarke. The motion passed unanimously 6-0.

Conditional Use Permits • PLN-BOA-18-00016 10:00: Harry Clarke motioned to approve the conditional use permit for Porter Memorial Baptist Church, seconded by Thomas Glover. Passed unanimously 6-0, subject to three staff conditions.

• PLN-BOA-18-00017 20:00: Thomas Glover motioned to approve Robert Crovo's home-based scuba instruction business permit, seconded by Jan Meyer. Passed unanimously 6-0, subject to five staff conditions.

• PLN-BOA-18-00018 30:00: Jan Meyer motioned to approve the Rood & Riddle Partners equine hospital expansion, seconded by Chad Needham. Passed unanimously 6-0, subject to three staff conditions.

• PLN-BOA-18-00020 40:00: Harry Clarke motioned to approve the Iglesia Adventista del Septimodia church expansion, seconded by Thomas Glover. Passed unanimously 6-0, subject to three staff conditions.

Administrative Review • PLN-BOA-18-00019 50:00: Thomas Glover motioned to approve the South Elkhorn Village Shopping Center signage administrative review, seconded by Raquel Carter. Passed 5-0 with one abstention (Branden Gross), subject to two staff conditions.

Postponement • PLN-BOA-18-00003 60:00: Thomas Glover motioned to postpone the Grantham, LLC conditional use permit hearing to April 9, 2018, seconded by Harry Clarke. Passed unanimously 6-0.

Variance Requests • PLN-BOA-18-00021 70:00: Raquel Carter motioned to approve the Caballo Crossings Apartments fence height variance, seconded by Thomas Glover. Failed 1-5, with only Chad Needham voting in favor.

• PLN-BOA-18-00022 80:00: Thomas Glover motioned to approve Dan Davis's driveway setback variance, seconded by Raquel Carter. Passed unanimously 6-0, based on three reasons related to safety and neighborhood character.

Contested Items

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

Caballo Crossings Apartments Fence Height Variance

The primary point of contention involved a request from Caballo Crossings Apartments to increase their fence height beyond standard regulations. The proposal generated significant discussion among council members, with concerns centered on the potential implications of approving such a variance.

The main opposition to the request stemmed from worries about establishing a problematic precedent for future similar applications. Council members expressed concern that approving this particular variance could open the door for other property owners to request similar exceptions to fence height regulations, potentially undermining the consistency of municipal zoning standards.

After deliberation, the council voted 5-1 to deny the fence height variance request. The decisive vote margin indicated that the majority of council members shared the concerns about precedent-setting, while one member supported granting the variance to the apartment complex.

The split vote demonstrates the council's careful consideration of balancing individual property requests against broader municipal planning principles and the importance of maintaining consistent application of zoning regulations across the community.

Porter Memorial Baptist Church Conditional Use Permit

10:00

The Board of Adjustment reviewed application PLN-BOA-18-00016 for Porter Memorial Baptist Church's conditional use permit request to expand their existing church building and parking lot.

Davis Royse served as the key speaker presenting the application to the board. The proposal involved expanding the current church facilities and adding additional parking to accommodate the congregation's growth needs.

Staff analysis of the application resulted in a recommendation for approval, though the recommendation included specific conditions that would need to be met as part of the permit approval. The exact details of these conditions were not specified in the available meeting materials.

The board proceeded to review the staff recommendation and consider the merits of the church's expansion request. The application appeared to follow standard procedures for conditional use permits involving religious facilities seeking to expand their physical footprint.

Following their deliberation, the Board of Adjustment approved the conditional use permit for Porter Memorial Baptist Church. The approval allows the church to move forward with their planned building and parking lot expansion, subject to compliance with the conditions outlined in the staff recommendation.

This approval enables the church to better serve their congregation through expanded facilities while ensuring the development meets local zoning and land use requirements through the conditional use permit process.

Robert Crovo Home-Based Business Conditional Use Permit

20:00

The board reviewed application PLN-BOA-18-00017, a request by Robert Crovo to establish a home-based scuba instruction business under a conditional use permit.

Robert Crovo presented his proposal to operate scuba diving instruction from his residence. The application sought approval to conduct educational activities related to scuba diving certification and training as a home-based business.

Staff presented their analysis of the proposal and recommended approval of the conditional use permit with specific conditions to ensure the business would operate appropriately within the residential setting and comply with local zoning requirements.

The board approved the conditional use permit for Robert Crovo's home-based scuba instruction business, accepting the staff recommendation and associated conditions.

Rood & Riddle Partners Conditional Use Permit

30:00

The board reviewed application PLN-BOA-18-00018, a request from Rood & Riddle Partners to construct a 3,200 square-foot addition to an existing equine hospital building.

Jeff Pearson presented the proposal to the board during the discussion. Staff had reviewed the conditional use permit application and recommended approval with conditions.

The proposed addition would expand the current equine hospital facility by 3,200 square feet. The existing building would remain in operation while the new construction takes place.

Following the presentation and discussion, the board approved the conditional use permit request. The approval includes the conditions recommended by staff as part of their review process.

The expansion will allow Rood & Riddle Partners to enhance their equine medical services at the existing hospital location. The conditional use permit approval enables the construction to proceed in accordance with local zoning and development requirements.

Iglesia Adventista del Septimodia Conditional Use Permit

40:00

The board considered application PLN-BOA-18-00020, a request for a conditional use permit to expand an existing church facility for Iglesia Adventista del Septimodia.

Rafael Jacome served as a key speaker during the discussion of this agenda item. The proposal involved expanding the current church building to accommodate the congregation's growing needs.

Staff presented their analysis of the application and recommended approval of the conditional use permit, subject to specific conditions. The staff report indicated that the proposed expansion met the necessary requirements for approval under the applicable zoning regulations.

The board reviewed the details of the expansion plans and the conditions recommended by staff. The discussion focused on ensuring the proposed changes would be compatible with the surrounding area and meet all relevant development standards.

Following their review and discussion of the application, the board voted to approve the conditional use permit for the church expansion. The approval included the conditions recommended by staff to ensure proper implementation of the project.

The decision allows Iglesia Adventista del Septimodia to proceed with their planned facility expansion in accordance with the approved plans and specified conditions.

South Elkhorn Village Shopping Center Administrative Review

50:00

The Board of Adjustment reviewed case PLN-BOA-18-00019, a request for the South Elkhorn Village Shopping Center to transfer unused signage allowances to permit a larger freestanding sign.

Jacob Walbourn presented the case to the board. The request involved transferring signage square footage that was not being utilized elsewhere in the shopping center to create a larger freestanding sign than would normally be permitted under standard zoning regulations.

Staff had conducted their review of the administrative request and recommended approval, contingent on specific conditions being met. The conditions were designed to ensure the signage transfer complied with applicable zoning requirements and maintained appropriate standards for the shopping center.

The board discussed the merits of the signage transfer request and considered the staff's analysis and recommended conditions. No significant concerns or objections were raised during the review process.

Following their deliberation, the Board of Adjustment approved the administrative review request for PLN-BOA-18-00019, allowing the South Elkhorn Village Shopping Center to proceed with the signage transfer as proposed, subject to the conditions outlined in the staff recommendation.

Grantham, LLC Conditional Use Permit

60:00

The Board of Adjustment considered agenda item PLN-BOA-18-00003, a conditional use permit request from Grantham, LLC to operate a home-based business involving firearms.

Jacob Walbourn served as the key speaker for this agenda item during the discussion.

Staff recommended that the Board postpone consideration of this conditional use permit application. The request involved establishing a home-based business operation related to firearms activities, though specific details about the nature of the proposed business operations were not elaborated upon in the available materials.

Following the staff recommendation and discussion, the Board voted to postpone the Grantham, LLC conditional use permit request. The postponement allows additional time for further review of the application and any outstanding issues that may need to be addressed before the Board can make a final determination on the permit.

The postponement means the conditional use permit application will be rescheduled for consideration at a future Board of Adjustment meeting, giving staff and the applicant time to resolve any concerns or provide additional information as needed.

Caballo Crossings Apartments Variance Request

70:00

The Board of Adjustment considered case PLN-BOA-18-00021, a variance request for the Caballo Crossings Apartments project to increase the allowable height of a front yard fence beyond current zoning regulations.

Staff presented their analysis of the variance application, with staff recommending disapproval of the request. The specific details of the proposed fence height increase and the reasons for staff's negative recommendation were discussed during the presentation.

Key speakers during the discussion included Brett Grigsby and Sylvia Garten, who provided input on the variance request and its implications for the development project.

The Board of Adjustment ultimately denied the variance request, aligning with the staff recommendation. The denial means that the Caballo Crossings Apartments development will need to comply with existing zoning regulations regarding front yard fence heights or pursue alternative solutions for their project needs.

Dan Davis Variance Request

80:00

The Board of Adjustment considered case PLN-BOA-18-00022, a variance request submitted by Dan Davis to reduce the required setback for additional paved parking on his property.

The request sought to allow reduced setback requirements that would enable Davis to add more paved parking spaces beyond what current zoning regulations permit. Staff had reviewed the application and recommended disapproval of the variance request.

Key speakers during the discussion included Daniel Davis, the applicant, and Diane Davis, who appeared to support the request. The applicants presented their case for why the variance was necessary and how it would benefit their property use.

Despite staff's recommendation for disapproval, the Board of Adjustment ultimately approved the variance request. The approval allows Davis to proceed with the additional paved parking with reduced setbacks from what would normally be required under the zoning code.

The decision represents a departure from staff's professional recommendation, indicating the Board found sufficient justification in the applicant's presentation or circumstances to grant the requested relief from standard setback requirements.