Board of Adjustment

Summary

Meeting Overview

The Board of Adjustment convened on April 9, 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, consisting of one variance appeal, six conditional use appeals, and one administrative appeal. Seven of the eight items were approved, while one administrative appeal by Andy Chang was postponed for future consideration. The board conducted eight motions and votes throughout the meeting and heard one public comment during the proceedings.

Attendance

The following members were present at the meeting on April 9, 2018:

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

All members were in attendance with no absences or late arrivals recorded.

Votes and Decisions

The board considered eight items during the April 9, 2018 meeting, approving seven applications and postponing one.

PLN-BOA-18-00023 2:12: The board unanimously approved Patricia Moss's variance request to allow an accessory structure to exceed lot coverage. Thomas Glover motioned, Harry Clarke seconded, and all seven members voted in favor. The approval is subject to four conditions including construction in accordance with the site plan and obtaining necessary permits.

PLN-BOA-18-00003 3:00: Grantham, LLC's conditional use permit to operate a home-based business passed by roll call vote 6-1. Thomas Glover motioned and Chad Needham seconded. Voting in favor: Branden Gross, Harry Clarke, Raquel Carter, Thomas Glover, Chad Needham, and Joan Whitman. Jan Meyer voted against. The permit includes nine conditions, including compliance with Federal Firearms License regulations.

PLN-BOA-18-00024 4:00: Greater Liberty Baptist Church's conditional use permit to utilize properties as parking was unanimously approved. Raquel Carter motioned, Joan Whitman seconded, with all seven members supporting. Seven conditions apply, including a revised timeline for improvements.

PLN-BOA-18-00027 5:00: The Lexington School's conditional use permit for a construction addition received unanimous approval. Jan Meyer motioned, Chad Needham seconded. Eight conditions apply, including compliance with floodplain and stormwater management requirements.

PLN-BOA-18-00028 6:00: Duke Road Personal Care's conditional use permit for an assisted living facility passed 6-0 with one abstention by roll call vote. Chad Needham motioned, Raquel Carter seconded. Supporting votes from Harry Clarke, Raquel Carter, Thomas Glover, Chad Needham, Jan Meyer, and Joan Whitman. Five conditions apply, with condition #6 deleted.

PLN-BOA-18-00029 7:00: Hill N Dale Christian Church's conditional use permit to operate a preschool passed unanimously. Harry Clarke motioned, Thomas Glover seconded. Five conditions include licensing by the Kentucky Cabinet for Health and Family Services.

PLN-BOA-18-00032 8:00: Fayette Cooperating Preschool's conditional use permit for a childcare center was unanimously approved. Jan Meyer motioned, Joan Whitman seconded. Five conditions include state licensing compliance.

PLN-BOA-18-00031 9:00: Andy Chang's administrative appeal regarding construction without primary entrance was unanimously postponed by all seven members.

Public Comment

During the public comment period, one community member addressed the board with concerns about local parking issues.

Keela Jackson spoke about parking problems at Greater Liberty Baptist Church that are affecting her father's property 4:30. Jackson expressed concerns that vehicles are blocking her father's driveway, which is preventing his ability to safely enter and exit his home. She brought this matter to the board's attention seeking resolution to the ongoing access issues.

No other members of the public provided comments during this portion of the meeting.

Contested Items

Two items on the agenda generated significant discussion and opposition during the meeting.

Greater Liberty Baptist Church Conditional Use Permit

The conditional use permit application for Greater Liberty Baptist Church faced community opposition primarily centered on parking concerns. Community members who attended the meeting expressed worries that the church's operations would create parking issues that would negatively impact neighboring properties. The specific nature of these parking concerns and the extent of community opposition were not detailed in the available materials, but the issue was significant enough to be noted as a contentious agenda item.

Andy Chang Administrative Appeal

An administrative appeal filed by Andy Chang created a procedural dispute that required additional staff consultation. The appeal concerned a construction project that apparently lacked a required primary entrance, though the specific details of the construction violation were not elaborated upon in the meeting materials.

The complexity of Chang's appeal led to a postponement of the decision, with officials determining that further discussion with staff members was necessary before proceeding. This postponement suggests the appeal raised technical or regulatory questions that required additional expertise to resolve properly.

Both contested items highlight common challenges in local government proceedings - balancing community concerns with development needs in the case of the church permit, and navigating complex building code requirements in the administrative appeal. The postponement of the Chang appeal demonstrates the deliberative approach taken when procedural questions arise that require additional staff input before a final determination can be made.

Variance Appeal - Patricia Moss

2:12

The board considered agenda item III.C.1, a variance request from Patricia Moss to allow an accessory structure to exceed the permitted lot coverage by 316 square feet. The proposed accessory structure would exceed the lot coverage limits relative to the main building on the property.

Patricia Moss and William Moss appeared before the board as key speakers to present their case for the variance request. The specific details of their presentation and any supporting documentation were discussed during this portion of the meeting.

The board ultimately approved the variance request, allowing Patricia Moss to proceed with the accessory structure that would exceed the standard lot coverage requirements by the requested 316 square feet.

Conditional Use Appeal - Grantham, LLC

3:00

The board considered agenda item III.D.1, a conditional use appeal submitted by Grantham, LLC. The company requested a conditional use permit to operate a home-based business for gunsmithing and mail order retail sale of firearms.

Jacob Walbourn served as the key speaker during the discussion of this agenda item. The application involved establishing a specialized home-based business operation that would combine gunsmithing services with mail order retail sales of firearms, requiring conditional use approval due to the nature of the business activities.

The board reviewed the application and associated materials for the proposed conditional use permit. The discussion focused on the specific business operations Grantham, LLC planned to conduct from the residential location, including both the gunsmithing services and the mail order retail component for firearm sales.

Following their review and discussion of the conditional use application, the board approved the request. This approval allows Grantham, LLC to proceed with operating their home-based gunsmithing and mail order firearms retail business under the terms of the conditional use permit.

The approval of this conditional use permit enables the company to establish their specialized business operations while ensuring compliance with local zoning requirements for home-based businesses involving firearms-related activities.

Conditional Use Appeal - Greater Liberty Baptist Church

4:00

The council considered agenda item III.D.2, a conditional use appeal from Greater Liberty Baptist Church seeking permission to utilize additional properties as parking for the church. This ordinance item addressed the church's request for a conditional use permit to expand their parking capacity.

Key speakers during the discussion included Darlene Lee and Marcus Underwood, who presented information regarding the church's parking needs and the proposed use of the additional properties.

The church's request centered on their need for expanded parking facilities to accommodate their congregation. The conditional use permit would allow Greater Liberty Baptist Church to utilize nearby properties specifically for parking purposes in connection with their religious services and activities.

Following the presentation and discussion of the matter, the council voted to approve the conditional use appeal. The approval grants Greater Liberty Baptist Church the conditional use permit they requested, allowing them to proceed with using the designated properties as additional parking for their church operations.

The successful outcome of this appeal provides the church with the necessary authorization to address their parking capacity needs while ensuring compliance with local zoning and land use requirements.

Conditional Use Appeal - The Lexington School

5:00

The Board considered agenda item III.D.3, a conditional use appeal for The Lexington School's request to construct an addition to their existing school facility.

Emily Wright and Chuck Baldecchi served as key speakers during the discussion of this conditional use permit application. The proposal involved adding new construction to The Lexington School's current campus to expand their educational facilities.

The Board reviewed the school's application for the conditional use permit, which is required for institutional expansions in the area. The discussion focused on the proposed addition and its compliance with local zoning requirements and conditional use standards.

Following deliberation, the Board approved the conditional use permit for The Lexington School's building addition project. This approval allows the school to proceed with their planned expansion of the existing educational facility.

The conditional use permit approval enables The Lexington School to move forward with construction of the addition, which will expand their capacity to serve students in the community.

Conditional Use Appeal - Duke Road Personal Care

6:00

The Board considered agenda item III.D.4, a conditional use appeal for Duke Road Personal Care's request to operate an assisted living facility. Solomon VanMeter served as the key speaker for this item.

Duke Road Personal Care had submitted an application for a conditional use permit to establish and operate an assisted living facility at their proposed location. The conditional use process requires special approval for certain types of facilities that may have unique impacts on surrounding neighborhoods or require additional oversight.

The discussion centered on the facility's proposed operations and compliance with local zoning requirements for assisted living facilities. Such facilities typically require conditional use permits due to considerations including traffic patterns, emergency access, resident care standards, and compatibility with surrounding land uses.

Following the presentation and any discussion of the proposal, the Board voted to approve the conditional use permit for Duke Road Personal Care. This approval allows the facility to move forward with their plans to operate an assisted living facility, subject to any conditions that may have been attached to the permit.

The approval enables Duke Road Personal Care to provide assisted living services to residents who require supportive care while maintaining some level of independence. Assisted living facilities serve an important role in the community's continuum of care options for seniors and individuals with disabilities who need assistance with daily activities but do not require the intensive medical care provided in nursing homes.

Conditional Use Appeal - Hill N Dale Christian Church

7:00

The Board considered agenda item III.D.5, a conditional use appeal for Hill N Dale Christian Church. The church had requested a conditional use permit to operate a preschool as an accessory use to their existing church facility.

Tom Cruze served as the key speaker for this agenda item, presenting the details of the church's application and the proposed preschool operation.

The conditional use permit would allow Hill N Dale Christian Church to expand their services to include early childhood education programming on their property. As an accessory use to the primary church function, the preschool would operate under the conditional use framework that governs such supplementary activities at religious facilities.

Following the presentation and any discussion of the application details, the Board voted to approve the conditional use permit for Hill N Dale Christian Church. This approval allows the church to move forward with establishing and operating the preschool facility as requested in their application.

The approval enables the church to serve the community through expanded educational programming while maintaining compliance with local zoning and conditional use requirements.

Conditional Use Appeal - Fayette Cooperating Preschool

8:00

The council considered agenda item III.D.6, a conditional use appeal for Fayette Cooperating Preschool. The preschool had requested a conditional use permit to operate a childcare center and nursery school as an accessory use to a church facility.

Mary Brenzel served as the key speaker for this agenda item, presenting the details of the conditional use request to the council members.

The application involved establishing a preschool operation that would function as an accessory use to an existing church, which is a common arrangement that allows religious institutions to provide educational services to their communities while generating additional revenue to support their operations.

Following the presentation and any discussion among council members, the conditional use appeal was approved. This approval allows Fayette Cooperating Preschool to move forward with operating their childcare center and nursery school program at the church location, subject to any conditions that may have been established as part of the conditional use permit process.

The approval of this conditional use permit enables the preschool to provide early childhood education services while maintaining compliance with local zoning regulations that govern accessory uses to religious facilities.

Administrative Appeal - Andy Chang

9:00

The City Council considered agenda item III.E.2, an administrative appeal submitted by Andy Chang regarding construction requirements for a new residential structure. Chang requested permission to construct a new residential building without providing a primary entrance for pedestrian access, which appears to deviate from standard municipal building requirements.

Andy Chang served as the key speaker for this agenda item, presenting his case to the Council for the administrative appeal. The specific details of Chang's justification for the variance request and the original administrative decision being appealed were discussed during this portion of the meeting.

The Council ultimately decided to postpone action on Chang's administrative appeal rather than rendering an immediate decision. The reasons for the postponement and any conditions or additional information required before the matter can be reconsidered were not specified in the available meeting data.

This postponement means Chang's request to construct a residential structure without a standard pedestrian entrance remains unresolved, and the matter will need to be brought back before the Council at a future meeting for final determination.