Board of Adjustment

Summary

Meeting Overview

The Urban County Board of Adjustment convened on May 14, 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 four agenda items during the session, including three applications that were approved and one administrative appeal that was denied. The meeting featured eight motions and votes as the board deliberated on various zoning matters, including variance requests and conditional use permits for local organizations and businesses. Two members of the public provided comments during the proceedings, contributing to the board's consideration of the matters at hand.

Attendance

The following individuals were present at the meeting on May 14, 2018:

• Branden Gross
• Harry Clarke
• Raquel Carter
• Thomas Glover
• Chad Needham
• Jan Meyer
• Joan Whitman
• Josh Dezarn
• Tracy Jones
• Andrea Brown
• Casey Kaucher
• Jim Marx
• Autumn Goderwis
• Barbara Rackers

No members were reported as absent or late for this meeting. All 14 attendees were present for the proceedings.

Votes and Decisions

The board took action on eight items during the May 14, 2018 meeting, with seven approvals and one denial.

Meeting Minutes Approval [00:00] Harry Clarke motioned to approve the minutes from the April 9, 2018 meeting, seconded by Joan Whitman. The motion passed unanimously 7-0, with all members voting in favor: Branden Gross, Harry Clarke, Raquel Carter, Thomas Glover, Chad Needham, Jan Meyer, and Joan Whitman.

PLN-BOA-18-00035 [01:00] Chad Needham motioned to approve a variance for Cielo Properties, LLC to reduce the minimum building setback from the floodplain from 25 feet to 0 feet, seconded by Thomas Glover. The motion passed unanimously 7-0, subject to four conditions outlined by staff.

PLN-BOA-18-00037 [02:00] Chad Needham motioned to approve a variance for Greer Land Company to increase the maximum building setback from 20 feet to 33 feet, seconded by Harry Clarke. The motion passed unanimously 7-0, subject to four conditions outlined by staff.

PLN-BOA-18-00038 [03:00] Thomas Glover motioned to approve a conditional use permit for Iglesia Evangelica Christiana Espiritual to construct a new church building, seconded by Joan Whitman. The motion passed unanimously 7-0, subject to six conditions outlined by staff.

PLN-BOA-18-00033 [04:00] Chad Needham motioned to approve a variance for Distinctive Design to reduce the required side yard setback from 8 feet to 3 feet, seconded by Harry Clarke. The motion passed unanimously 7-0, with conditions including removal of the side door, construction according to the site plan, and submission of revised plans to Building Inspection.

PLN-BOA-18-00034 [05:00] Chad Needham motioned to approve a conditional use permit for Shepherd's House/Journey Pure to operate a rehabilitation home, seconded by Joan Whitman. The motion passed unanimously 7-0, subject to four conditions outlined by staff.

PLN-BOA-18-00036 [06:00] Chad Needham motioned to approve a conditional use permit for Transylvania University to construct and occupy a new on-campus building, seconded by Jan Meyer. The motion passed unanimously 7-0, subject to three original conditions and a fourth condition allowing up to three years to exercise the conditional use permit.

PLN-BOA-18-00026 [07:00] Jan Meyer motioned to approve an administrative appeal for Minnie Sharp to allow placement of a mobile home on a property less than 40 acres, seconded by Harry Clarke. The motion failed unanimously 0-7, with all seven members voting against the appeal.

Public Comment

Two residents addressed the meeting during the public comment period.

Leah Ranier Warner spoke in support of Shepherd's House 5:00. Warner shared her personal experience with her son's struggle with addiction and emphasized the critical importance of having local treatment facilities available in the community. Her testimony highlighted the need for accessible addiction treatment resources.

Harry Steven Brown raised concerns about dumpster operations affecting his property 6:00. Brown expressed frustration with the noise and timing of dumpster pickups that are associated with Transylvania University's facilities. He requested the meeting body consider addressing the scheduling and noise issues related to these waste collection activities.

Both speakers used their time to bring forward community concerns - one advocating for expanded treatment services and another seeking resolution to operational issues affecting residential quality of life.

Contested Items

Two conditional use permit applications faced significant community opposition during the May 14, 2018 meeting.

Conditional Use Permit for Shepherd's House/Journey Pure

The application for Shepherd's House/Journey Pure encountered substantial community resistance from nearby residents. Opposition centered on multiple concerns including safety issues, poor road conditions in the area, and potential negative impacts on surrounding property values. Community members voiced their objections during the public hearing portion of the meeting, expressing worries about how the facility would affect their neighborhood.

Conditional Use Permit for Transylvania University

Transylvania University's conditional use permit application also drew community opposition, though the concerns were more specific in nature. Residents raised issues primarily related to noise disturbances and the timing of dumpster pickup services. The community members were particularly concerned about how these operational aspects of the university's activities would impact the quality of life for nearby residents.

Both applications required public hearings where community members could voice their concerns directly to the decision-making body. The opposition in both cases reflected broader community concerns about how new or expanded uses might affect established residential areas, whether through operational impacts like noise and traffic, or through more general concerns about neighborhood character and property values.

The structured nature of the conditional use permit process allowed for formal community input on both applications, giving residents an official forum to express their objections and concerns about the proposed uses in their neighborhoods.

Variance for Distinctive Design

4:00

The Board of Appeals considered case PLN-BOA-18-00033, a variance request from Distinctive Design to reduce the required side yard setback from 8 feet to 3 feet for garage construction.

Key speakers during the discussion included Charles Penn and Autumn Goderwis, who addressed the board regarding the variance application. The case centered on setback requirements that had apparently been subject to miscommunication between the applicant and city staff.

The board examined the specific circumstances surrounding the garage construction project and the need for the reduced setback. The discussion focused on whether the variance met the necessary criteria for approval, including considerations of practical difficulty and the impact on neighboring properties.

Despite the initial confusion regarding setback requirements, the board ultimately found the variance request to be justified. The Board of Appeals approved the variance with conditions, allowing Distinctive Design to proceed with the garage construction using the reduced 3-foot side yard setback instead of the standard 8-foot requirement.

The approval enables the project to move forward while ensuring appropriate safeguards are in place through the attached conditions.

Conditional Use Permit for Shepherd's House/Journey Pure

5:00

The board reviewed application PLN-BOA-18-00034, a conditional use permit request from Shepherd's House/Journey Pure to operate a rehabilitation home facility.

Key speakers during the discussion included Nick Nicholson and Kevin Lee, who presented information about the proposed facility and its operations.

The board engaged in discussion regarding the community need for rehabilitation services and the appropriateness of the proposed location for such a facility. The conversation focused on how the rehabilitation home would serve individuals in recovery and the operational aspects of the proposed use.

After deliberation, the board approved the conditional use permit for Shepherd's House/Journey Pure. The approval came with specific conditions that the facility must meet in order to operate under the permit.

The board's decision reflects recognition of the importance of rehabilitation facilities in the community while ensuring appropriate oversight through the conditional use permit process.

Conditional Use Permit for Transylvania University

6:00

The board reviewed application PLN-BOA-18-00036, a conditional use permit request from Transylvania University to construct and occupy a new on-campus building.

Key speakers during the discussion included Dick Murphy and Mark Matthews, who presented details about the proposed construction project. The university sought approval to move forward with building the new facility on their existing campus property.

The board engaged in discussion regarding the specifics of the project, examining the university's plans and considering any potential impacts or requirements associated with the new building construction.

Following their review and deliberation, the board approved the conditional use permit for Transylvania University. However, the approval came with an additional condition that extended the time frame for the project, providing the university with more flexibility in their construction timeline.

The approval allows Transylvania University to proceed with their plans to construct and occupy the new on-campus building, subject to the conditions outlined in the permit, including the extended time provision added by the board during this meeting.

Administrative Appeal for Minnie Sharp

7:00

The board considered case PLN-BOA-18-00026, an administrative appeal submitted by Minnie Sharp requesting permission to place a mobile home on a property smaller than 40 acres.

Autumn Goderwis served as the key speaker presenting information about the appeal to the board. The discussion centered on existing zoning requirements that typically mandate a minimum of 40 acres for mobile home placement in the relevant zoning district.

Sharp's request sought an exception to these established zoning standards, which would have allowed the mobile home installation on her smaller parcel. The board reviewed the specific circumstances of the property and the applicable zoning regulations governing mobile home placement requirements.

After deliberation on the zoning requirements and the merits of the requested exception, the board voted to deny the administrative appeal. The denial means Sharp's request to place a mobile home on the property that does not meet the 40-acre minimum requirement was not approved, and the existing zoning standards will remain in effect for this property.