Board of Adjustment

Summary

Meeting Overview

The Board of Adjustment convened on July 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 five agenda items during the session, all of which involved property-related requests requiring board approval. The meeting included consideration of four variance applications for properties located at 1820 Nicholasville Road, 1824 McDonald Avenue, 517 McCubbing Drive, and 4235 Harrodsburg Road, as well as one conditional use permit application for 209 Ruccio Way. All five agenda items were approved by the board, with a total of five motions and votes taken during the proceedings. The board also heard one public comment during the meeting.

Attendance

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

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

No members were absent from the meeting. Thomas Glover arrived late to the proceedings.

Votes and Decisions

The board considered five applications during the meeting, approving all items unanimously with a 7-0 vote.

PLN-BOA-18-00045 2:00: Harry Clarke motioned to approve a variance to reduce the required side street yard from 30 feet to 13 feet at 1820 Nicholasville Road, seconded by Chad Needham. The motion passed unanimously 7-0, with all members voting in favor: Branden Gross, Raquel Carter, Chad Needham, Jan Meyer, Harry Clarke, Thomas Glover, and Joan Whitman. The approval included the condition that the addition shall be constructed in accordance with the submitted site plan and application materials.

PLN-BOA-18-00047 3:00: Jan Meyer motioned to approve a variance to reduce the required side yard setback from 8 feet to 5 feet at 1824 McDonald Avenue, seconded by Thomas Glover. The motion passed unanimously 7-0 with the same condition requiring construction in accordance with submitted materials.

PLN-BOA-18-00049 4:00: Chad Needham motioned to approve a variance to reduce the required setback for a covered projection from 4 feet to 3 feet at 517 McCubbing Drive, seconded by Joan Whitman. The motion passed unanimously 7-0, with the condition that the carport shall remain open and unenclosed.

PLN-BOA-18-00042 5:00: Jan Meyer motioned to approve variances to increase the maximum front yard setback at 4235 Harrodsburg Road, seconded by Joan Whitman. The motion passed unanimously 7-0, with the condition that there shall be at least a 3-foot berm on the Harrodsburg Road side of development.

PLN-BOA-18-00048 6:00: Raquel Carter motioned to approve a conditional use permit to establish an Extended Stay hotel at 209 Ruccio Way, seconded by Thomas Glover. The motion passed unanimously 7-0, with the condition that a 6-foot solid wood fence be placed on the northern boundary.

Public Comment

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

Kristi Peters spoke in opposition to a proposed Extended Stay hotel project 5:30. Peters raised concerns about the potential negative impacts the hotel would have on residents of Morning Pointe Lexington, specifically citing noise issues and increased traffic as problems that would affect the vulnerable population served by that facility.

No other public comments were recorded during this portion of the meeting.

Contested Items

Two development proposals generated significant debate during the July 9, 2018 meeting, drawing concerns from community members and neighboring businesses.

Variance for 4235 Harrodsburg Road

The variance request for 4235 Harrodsburg Road sparked heated discussion among board members and attendees. The primary source of contention centered on landscaping and screening requirements for the property. Participants raised concerns about previous tree removal on the site and questioned how the proposed development would impact the character of the surrounding neighborhood. The debate focused on whether adequate screening measures would be implemented to maintain the area's aesthetic standards and protect neighboring properties from visual impacts.

Conditional Use Permit for 209 Ruccio Way

The conditional use permit application for 209 Ruccio Way faced community opposition, particularly from Morning Pointe Lexington. Representatives from the neighboring facility expressed concerns about potential noise and traffic impacts that could affect their residents. The opposition highlighted worries about increased vehicular activity and operational noise that might disrupt the residential environment at Morning Pointe Lexington. Community members questioned whether the proposed use would be compatible with the existing residential character of the area and raised issues about the adequacy of traffic management plans.

Both items required extended discussion as board members weighed the merits of each application against the concerns raised by affected parties. The debates reflected broader tensions between development interests and community preservation, with particular attention paid to how new projects would integrate with existing neighborhood conditions and protect the quality of life for current residents.

*Note: Specific timestamps and final outcomes for these contested items were not available in the provided meeting materials.*

Variance for 1820 Nicholasville Rd.

2:00

The Board of Adjustment reviewed case PLN-BOA-18-00045, a variance request for the property at 1820 Nicholasville Road. The applicant sought to reduce the required side street yard setback from 30 feet to 13 feet to accommodate an expansion of the existing residence.

Adam Crusott presented the case to the board, explaining the details of the proposed variance and the justification for reducing the setback requirement by 17 feet. The variance would allow the property owner to expand their current home while maintaining a 13-foot setback from the side street, rather than the standard 30-foot requirement established by zoning regulations.

The board considered the request and determined that the variance met the necessary criteria for approval. After discussion of the proposal and its compliance with variance standards, the Board of Adjustment approved the variance request, allowing the property owner to proceed with the residential expansion under the reduced setback requirements.

Variance for 1824 McDonald Ave.

3:00

The Board of Appeals considered application PLN-BOA-18-00047, a variance request for 1824 McDonald Ave. to reduce the required side yard setback from 8 feet to 5 feet to allow expansion of the existing residence.

Celina Magana presented the request to the board. The variance would permit the property owner to expand their current home while maintaining only a 5-foot side yard setback instead of the standard 8-foot requirement established by city zoning regulations.

The application was approved by the board, allowing the reduced setback for the residential expansion project at 1824 McDonald Ave.

Variance for 517 McCubbing Drive

4:00

The Board of Appeals considered application PLN-BOA-18-00049, a variance request for 517 McCubbing Drive to reduce the required setback for a covered projection from 4 feet to 3 feet in order to construct an attached carport.

Key speakers during the discussion included Chris Schenk and Gerald Patterson, who presented details about the proposed construction project and the need for the setback reduction.

The variance request centered on allowing the property owner to build an attached carport that would extend closer to the property line than typically permitted under current zoning regulations. The standard requirement calls for a 4-foot setback for covered projections, but the applicant sought approval to reduce this to 3 feet to accommodate the carport design and the specific constraints of the property.

The board reviewed the application and considered factors such as the impact on neighboring properties, compliance with other zoning requirements, and whether the variance would create any safety or aesthetic concerns in the area.

Following discussion and consideration of the merits of the request, the Board of Appeals approved the variance application PLN-BOA-18-00049, allowing the property owner at 517 McCubbing Drive to proceed with construction of the attached carport with the reduced 3-foot setback for the covered projection.

Variance for 4235 Harrodsburg Rd.

5:00

The board considered case PLN-BOA-18-00042, a variance request for 4235 Harrodsburg Road to increase the maximum front yard setback for construction on Lots 2 and 3.

Matt Carter presented the request, which sought to modify setback requirements to allow for building construction that would exceed the standard maximum front yard setback limitations. The variance was necessary to accommodate the proposed development plans for the two specific lots on the property.

The board approved the variance request, allowing the applicant to proceed with construction plans that require the increased front yard setback on Lots 2 and 3 at 4235 Harrodsburg Road.

Conditional Use Permit for 209 Ruccio Way

6:00

The board reviewed application PLN-BOA-18-00048, a request to establish an Extended Stay hotel at 209 Ruccio Way in a Professional Office zone. The proposal required a conditional use permit due to the zoning designation.

Key speakers during the discussion included Kevin Warner and Samir Gandhi, who presented details about the proposed Extended Stay hotel project. The application sought approval to operate this type of lodging facility in an area typically designated for professional office uses.

The board ultimately approved the conditional use permit request, allowing the Extended Stay hotel to move forward at the Ruccio Way location despite the Professional Office zoning classification.

*Note: Limited transcript data was available for this agenda item. Additional details about specific concerns raised, conditions of approval, or other discussion points may have occurred during the meeting.*