Board of Adjustment

Summary

Meeting Overview

The Urban County Board of Adjustment convened on August 13, 2018, at 1:00 PM in the Council Chambers at 200 East Main Street in Lexington, Kentucky, with Chad Needham presiding. The board addressed eight agenda items consisting of variance appeals, conditional use appeals, and one administrative appeal. During the meeting, the board conducted eight motions and votes, heard three public comments, and made decisions on all cases except one which was tabled for future consideration.

The board approved six of the seven cases that came to a vote, including variance appeals from Michelle Morehead and Dennis Anderson Inv. 1700, LLC, while denying the variance appeal from Chris Kopitzke. Four conditional use appeals were considered, with approvals granted to SPA NAILS I, LLC, The Pain Treatment Center of the Bluegrass, and the Roman Catholic Diocese of Lexington, while Frank's Donuts, LLC had their case tabled. The board also approved an administrative appeal from Crossroads Christian Church, completing most of their scheduled business for the day.

Attendance

Present: Raquel Carter, Chad Needham, Harry Clarke, Thomas Glover, Joan Whitman

Absent: Branden Gross, Jan Meyer

Late: Thomas Glover

Five members were present for the August 13, 2018 meeting, with two members absent. Thomas Glover arrived late to the meeting.

Votes and Decisions

The board considered eight applications during the meeting, approving six and denying two.

Approved Applications:

• PLN-BOA-18-00051 2:00: SPA NAILS I, LLC's request for a conditional use permit to operate a cocktail lounge in conjunction with a nail salon was approved unanimously (4-0) on a motion by Raquel Carter, seconded by Joan Whitman. The approval is subject to five conditions including signage restrictions and operational hours.

• PLN-BOA-18-00054 5:00: THE PAIN TREATMENT CENTER OF THE BLUEGRASS's request for a conditional use permit to construct a parking lot passed unanimously (4-0) on a motion by Harry Clarke, seconded by Joan Whitman. Five conditions were attached including storm water management and traffic circulation approval.

• PLN-BOA-18-00058 8:00: ROMAN CATHOLIC DIOCESE OF LEXINGTON's request for a conditional use permit to occupy an existing structure as offices was approved unanimously (4-0) on a motion by Joan Whitman, seconded by Harry Clarke. Conditions include no exterior modifications and no live entertainment.

• PLN-BOA-18-00046 15:00: MICHELLE MOREHEAD's variance request to reduce the required front yard setback passed unanimously (5-0) on a motion by Raquel Carter, seconded by Joan Whitman. Conditions include construction in accordance with the site plan and landscaping requirements.

• PLN-BOA-18-00055 25:00: DENNIS ANDERSON INV. 1700, LLC's variance request to increase the maximum front setback was approved unanimously (5-0) on a motion by Harry Clarke, seconded by Joan Whitman. Conditions include compliance with the site plan and traffic engineering approval.

• PLN-BOA-18-00053 30:00: CROSSROADS CHRISTIAN CHURCH's administrative appeal to transfer signage passed unanimously (5-0) on a motion by Thomas Glover, seconded by Harry Clarke. The sign cannot exceed 92 square feet.

Denied Applications:

• PLN-BOA-18-00057 11:00: FRANK'S DONUTS, LLC's request for a conditional use permit for a drive-through facility failed (2-3) on a motion by Thomas Glover, seconded by Joan Whitman. Voting in favor: Thomas Glover and Joan Whitman. Voting against: Raquel Carter, Chad Needham, and Harry Clarke.

• PLN-BOA-18-00050 20:00: CHRIS KOPITZKE's variance request to reduce the rear yard failed (1-4) on a motion by Raquel Carter, seconded by Thomas Glover. Only Joan Whitman voted in favor, while Raquel Carter, Chad Needham, Harry Clarke, and Thomas Glover voted against.

Public Comment

Three residents addressed the board during the public comment period, speaking on various development proposals before the commission.

Billie Mallory 12:00 raised concerns about traffic impacts related to Frank's Donuts' proposed drive-through facility. Mallory expressed worry that the traffic implications had not been adequately considered and noted that the proposal did not align with the East End Small Area Plan.

Heather Rizen 21:00 spoke in opposition to a variance request by Chris Kopitzke. Rizen voiced concerns about potential negative impacts on surrounding property values and cited issues with unfinished projects previously undertaken by the applicant as reasons for her opposition.

Barbara Albaugh 26:00 provided supportive testimony for a coffee shop variance proposal. Albaugh stated that the coffee shop would complement the existing area and emphasized that the development was desired by neighborhood residents.

The public comments reflected a mix of support and opposition to various development proposals, with speakers focusing on traffic concerns, property value impacts, and neighborhood compatibility as key issues.

Contested Items

Two agenda items drew significant community opposition during the August 13, 2018 meeting.

Frank's Donuts Drive-Through

Community members voiced strong concerns about a proposed drive-through addition to Frank's Donuts. Residents raised objections regarding the potential traffic impact the drive-through would create in the area. Additionally, opponents argued that the proposal did not align with the goals and vision outlined in the East End Small Area Plan, suggesting the development would be inconsistent with the community's established planning framework.

Chris Kopitzke Variance Request

A variance request submitted by Chris Kopitzke faced opposition from at least one neighboring property owner. The neighbor who spoke against the request expressed concerns about how the proposed variance might negatively affect surrounding property values. The opponent also cited issues with previous unfinished projects associated with the applicant, suggesting a pattern of incomplete work that raised questions about the applicant's ability to properly execute the proposed project.

Both contested items highlight common themes in local development disputes, including traffic concerns, compatibility with existing community plans, and the potential impact on neighboring properties and property values.

Variance Appeal - Michelle Morehead

15:00

The board considered agenda item III.C.1, a variance request from Michelle Morehead to reduce the required front yard setback from 30 feet to 22 feet for an expansion of her existing residence.

Michelle Morehead presented her request to the board, seeking approval to build closer to the front property line than typically allowed under current zoning regulations. The variance would permit an 8-foot reduction in the standard setback requirement to accommodate her planned residential expansion.

Jack Stewart also participated in the discussion regarding this variance application. The specific details of the presentation and any concerns raised during the deliberation were not captured in the available materials.

Following the discussion and consideration of the variance request, the board approved Michelle Morehead's application. The approval allows her to proceed with the residential expansion at the reduced 22-foot front yard setback rather than the standard 30-foot requirement.

This variance approval enables Morehead to move forward with her home expansion project while maintaining compliance with the modified setback parameters established through this decision.

Variance Appeal - Chris Kopitzke

20:00

The board considered agenda item III.C.2, a variance request submitted by Chris Kopitzke. The applicant sought approval to reduce the required rear yard setback from 10 feet to 1 foot in order to construct a residence with an attached garage.

Chris Kopitzke presented his case to the board, explaining the need for the significant setback reduction to accommodate his proposed residential construction project. The variance would allow the structure to be built just 1 foot from the rear property line, representing a 90% reduction from the standard 10-foot requirement.

The board reviewed the application and considered the merits of the request during their deliberations. The substantial nature of the requested variance - reducing the setback by 9 feet - likely raised questions about compliance with zoning regulations and potential impacts on neighboring properties.

Following discussion and consideration of the application materials and presentation, the board voted to deny the variance request. The denial means Kopitzke will need to either redesign his proposed residence and garage to meet the standard 10-foot rear yard setback requirement or explore alternative solutions that comply with existing zoning regulations.

The outcome prevents the construction of the residence as originally proposed and maintains the established setback standards for the area.

Variance Appeal - Dennis Anderson Inv. 1700, LLC

25:00

The board considered agenda item III.C.3, a variance request from Dennis Anderson Inv. 1700, LLC to increase the maximum front setback from the standard 20 feet to 74 feet for a proposed coffee shop with drive-through facility.

Key speakers during the discussion included Dick Murphy and Dennis Anderson, who presented the case for the variance. The request centered on the need for additional setback distance to accommodate the drive-through component of the coffee shop operation, which required more space than the standard 20-foot front setback would allow.

The applicant demonstrated that the 74-foot setback was necessary to properly configure the drive-through lane while maintaining safe traffic flow and meeting other site requirements. The variance would enable the development of the coffee shop while ensuring adequate space for vehicle circulation and queuing.

The board reviewed the variance criteria and determined that the request met the necessary standards for approval. No significant concerns or objections were raised during the discussion regarding the proposed setback increase.

The variance appeal was approved, allowing Dennis Anderson Inv. 1700, LLC to proceed with the coffee shop development using the increased 74-foot front setback rather than the standard 20-foot requirement.

Conditional Use Appeal - SPA NAILS I, LLC

2:00

The board considered agenda item III.D.1, a conditional use appeal submitted by SPA NAILS I, LLC requesting permission to operate a cocktail lounge in conjunction with a nail salon.

Key speakers during the discussion included Ted Houlihan and Tuan Anh Pham, who presented the case for the conditional use permit. The applicant sought approval to combine traditional nail salon services with alcoholic beverage service, creating a hybrid business model.

The request involved establishing a cocktail lounge component within the existing or proposed nail salon facility. This type of mixed-use operation required special consideration under local zoning regulations, as it combines personal care services with alcohol service, which typically fall under different regulatory categories.

Following the presentation and discussion of the application, the board voted to approve the conditional use permit for SPA NAILS I, LLC. The approval allows the business to move forward with their plans to operate both nail salon services and cocktail lounge services at the same location.

The successful outcome enables the applicant to proceed with their business concept of providing manicure and pedicure services alongside alcoholic beverage service, subject to compliance with all applicable local regulations and any conditions that may have been attached to the permit approval.

Conditional Use Appeal - The Pain Treatment Center of the Bluegrass

5:00

The board considered agenda item III.D.2, a conditional use appeal for The Pain Treatment Center of the Bluegrass requesting a permit to construct an additional parking lot.

William Horton presented the request on behalf of the applicant. The proposal involved constructing a parking lot to provide additional parking capacity for the medical facility.

The board reviewed the conditional use permit application and discussed the merits of the parking lot construction project. The request was presented as a practical solution to address parking needs at the pain treatment center facility.

Following the presentation and board discussion, the conditional use appeal was approved, allowing The Pain Treatment Center of the Bluegrass to proceed with construction of the additional parking lot as requested.

Conditional Use Appeal - Frank's Donuts, LLC

11:00

The board considered agenda item III.D.3, a conditional use appeal submitted by Frank's Donuts, LLC requesting a conditional use permit for a drive-through facility.

Jack Stewart served as the key speaker during the discussion of this agenda item. The request centered on Frank's Donuts, LLC seeking approval to operate a drive-through facility as part of their business operations.

Following the presentation and discussion, the board decided to table the conditional use appeal. No final decision was reached on Frank's Donuts, LLC's request for the drive-through facility permit during this meeting.

The tabling of this item means the conditional use appeal will be carried forward to a future meeting for further consideration and potential action by the board.

Conditional Use Appeal - Roman Catholic Diocese of Lexington

8:00

The board considered agenda item III.D.4, a conditional use appeal submitted by the Roman Catholic Diocese of Lexington. The request sought approval for a conditional use permit to occupy an existing structure as offices for a place of religious assembly.

Bruce Simpson served as the key speaker presenting the appeal to the board. The discussion centered on the Diocese's proposal to utilize an existing building for office space related to their religious assembly operations.

The conditional use permit process allows for uses that may be appropriate in a particular zoning district but require special consideration due to their potential impact on the surrounding area. In this case, the Diocese needed approval to establish religious assembly offices in the existing structure.

The board reviewed the application and heard the presentation regarding the proposed use of the facility. The discussion focused on how the office space would support the Diocese's religious assembly activities and operations.

Following the presentation and board discussion, the conditional use appeal was approved. This approval grants the Roman Catholic Diocese of Lexington the necessary permit to proceed with occupying the existing structure as offices for their place of religious assembly.

The approval allows the Diocese to move forward with their plans to establish office space that will support their religious operations and community services in the area.

Administrative Appeal - Crossroads Christian Church

30:00

The board considered agenda item III.E.2, an administrative appeal submitted by Crossroads Christian Church. The church requested approval to transfer 64 square feet of unused signage allowance to construct a new 92 square-foot free-standing sign.

Nick Nicholson served as the key speaker presenting the church's request during the discussion. The appeal centered on the church's desire to utilize existing signage allocation that had not been previously used, applying those square feet toward the construction of a larger free-standing sign structure.

The proposed sign would measure 92 square feet total, with 64 square feet of that allocation coming from the transfer of unused signage rights. This administrative process allows property owners to reallocate approved signage square footage from one type of sign to another, provided it falls within overall permitted limits.

The board reviewed the technical aspects of the signage transfer request and the proposed dimensions of the new free-standing sign. The discussion focused on ensuring the request complied with existing signage regulations and zoning requirements for the church property.

Following the presentation and board discussion, the administrative appeal was approved. This approval allows Crossroads Christian Church to proceed with transferring the 64 square feet of unused signage allocation and construct the proposed 92 square-foot free-standing sign according to the specifications presented in their appeal.