Board of Adjustment

Summary

Meeting Overview

The Division of Planning Zoning Compliance Section Board of Adjustment convened on September 10, 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 variance requests and conditional use permit applications from various applicants throughout the community.

The board took eight votes on the matters before them, with seven applications receiving approval and one item being postponed for future consideration. The approved items included variance requests for Sara Headley and Barbara Foley, as well as conditional use permits for Eric and Nancy Stelter, Nishann Sandhu, Harmony Day Montessori School, Veronica Joseph, and Element Design. The only item not resolved during the meeting was the conditional use permit application for Frank's Donuts, LLC, which was postponed to a later date.

Four members of the public provided comments during the meeting, offering input on the various applications under consideration. The session demonstrated the board's active role in reviewing zoning compliance matters and land use requests, with the majority of applicants receiving favorable decisions on their petitions.

Attendance

The following members were present at the meeting on September 10, 2018:

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

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

Votes and Decisions

The board considered eight applications during the meeting, approving seven and postponing one.

PLN-BOA-18-00056 10:00: Harry Clarke motioned to approve a variance for Sara Headley to reduce front and side setbacks for additional paved parking, seconded by Joan Whitman. The motion passed 6-0 with one abstention in a roll call vote. Voting in favor were Branden Gross, Jan Meyer, Raquel Carter, Chad Needham, Harry Clarke, and Joan Whitman. The approval requires the applicant to submit corrected drawings within 30 days to obtain a paving permit from the Division of Building Inspection.

PLN-BOA-18-00061 20:00: Jan Meyer motioned to approve a conditional use permit for Eric and Nancy Stelter to operate individual piano lessons as a home-based business, seconded by Thomas Glover. The motion passed unanimously 7-0, with the business to operate according to submitted application materials and site plan.

PLN-BOA-18-00062 30:00: Chad Needham motioned to approve a conditional use permit for Nishann Sandhu to operate health coaching as a home-based business, seconded by Raquel Carter. The motion passed unanimously 7-0, with standard home-based business conditions.

PLN-BOA-18-00059 40:00: Jan Meyer motioned to approve a variance for Barbara Foley to reduce required setbacks for additional paved parking, seconded by Thomas Glover. The motion passed unanimously 7-0, with the same 30-day drawing submission requirement as the Headley application.

PLN-BOA-18-00064 50:00: Harry Clarke motioned to approve a conditional use permit for Harmony Day Montessori School to establish a pre-school program, seconded by Thomas Glover. The motion passed unanimously 7-0.

PLN-BOA-18-00057 60:00: Thomas Glover motioned to postpone the conditional use permit application for Frank's Donuts, LLC for a drive-through facility, seconded by Joan Whitman. The postponement was approved unanimously 7-0.

PLN-BOA-18-00060 70:00: Chad Needham motioned to approve a conditional use permit for Veronica Joseph to operate family childcare for up to 12 children, seconded by Joan Whitman. The motion passed unanimously 7-0.

PLN-BOA-18-00063 80:00: Harry Clarke motioned to approve a conditional use permit for Element Design to construct a parking lot, seconded by Thomas Glover. The motion passed unanimously 7-0.

Public Comment

Four residents addressed the board during the public comment period, raising concerns about various development and business proposals in their neighborhoods.

Amy Clark 65:00 spoke regarding Frank's Donuts, LLC drive-through facility. Clark expressed concerns about the request for a continuance and discussed the potential impact the proposed drive-through would have on the surrounding neighborhood.

Sue Roberts 75:00 addressed Veronica Joseph's family childcare business proposal. Roberts voiced opposition to the business, citing concerns about increased traffic and noise levels that would affect the residential neighborhood where the childcare facility is proposed to operate.

Ella Neikirk 76:00 also commented on Veronica Joseph's family childcare proposal. Neikirk raised safety concerns specifically related to children playing in the street, expressing worry that increased traffic from the childcare business would create dangerous conditions for neighborhood children.

Luther Hargis 85:00 spoke about the Element Design parking lot project. Hargis expressed concerns regarding the construction of the parking lot and outlined how the development would impact the surrounding neighborhood.

The public comments focused primarily on neighborhood impacts, with speakers raising issues related to traffic increases, safety concerns, noise levels, and general community effects from the proposed business and development projects under consideration by the board.

Contested Items

Two agenda items faced significant community opposition during the September 10, 2018 meeting, both resulting in requests for continuances to address neighborhood concerns.

Frank's Donuts, LLC Drive-Through Facility

The proposed drive-through facility for Frank's Donuts, LLC encountered substantial community opposition from local residents. Due to the level of neighborhood concerns raised, the applicant requested a continuance to provide additional time to address these issues. The board engaged in discussion about whether to postpone the matter entirely or continue it to a future meeting date, ultimately deciding to grant the continuance request to allow for further community engagement and potential resolution of the concerns.

Veronica Joseph's Family Childcare Business

A proposal for a family childcare business by Veronica Joseph also faced opposition from neighboring residents. The primary concerns expressed by community members centered on the potential impacts of the proposed childcare operation, specifically increased vehicle traffic in the residential area and elevated noise levels that could affect the neighborhood's character and quality of life. These concerns prompted discussion about the compatibility of the proposed business use with the existing residential setting and its potential effects on surrounding properties.

Both contested items highlight common themes in local development and business proposals: community concerns about traffic impacts, noise levels, and the compatibility of new uses with existing neighborhood character. The requests for continuances in both cases suggest an effort by applicants to work collaboratively with concerned residents to find mutually acceptable solutions before proceeding with formal approval processes.

Variance for Sara Headley

10:00

The Board of Appeals considered case PLN-BOA-18-00056, a variance request submitted by Sara Headley to reduce required front and side setbacks for additional paved parking at her property.

Duvall Headley presented the variance request on behalf of Sara Headley. The application sought to reduce the standard setback requirements to accommodate expanded parking facilities on the property.

Ms. Goderwis participated in the discussion regarding the proposed variances. The case involved modifications to both front and side yard setback requirements, which would allow for the installation of additional paved parking areas that would not otherwise be permitted under current zoning regulations.

Staff had reviewed the application and recommended approval of the requested variances, contingent upon specific conditions being met. The staff recommendation indicated that the proposal met the necessary criteria for granting the variance relief.

Following the presentation and discussion of the merits of the case, the Board of Appeals voted to approve the variance request. The approval allows Sara Headley to proceed with the additional paved parking construction with reduced setbacks from both the front and side property lines, subject to the conditions outlined in the staff recommendation.

The approved variance enables the property owner to increase parking capacity on the site while maintaining compliance with modified setback requirements tailored to the specific circumstances of the property and the proposed improvements.

Conditional Use Permit for Eric and Nancy Stelter

20:00

The board reviewed application PLN-BOA-18-00061, a conditional use permit request from Eric and Nancy Stelter to operate a home-based business for individual piano lessons.

Eric Stelter and Nancy Stelter presented their request to the board. The applicants sought permission to conduct private piano instruction from their residence as a home-based business operation.

Staff presented their analysis of the application and recommended approval of the conditional use permit with standard conditions for home-based businesses. The staff report indicated that the proposed piano lesson business met the requirements for home-based business operations under the applicable zoning regulations.

The board discussed the application and considered factors such as potential impacts on the neighborhood, parking requirements, and compliance with home-based business standards. The nature of individual piano lessons was deemed compatible with residential use and unlikely to create significant traffic or noise issues for surrounding properties.

Following their review and discussion of the application materials and staff recommendations, the board voted to approve the conditional use permit for Eric and Nancy Stelter. The approval allows them to operate individual piano lessons as a home-based business, subject to the conditions outlined in the staff report and standard requirements for such operations in residential areas.

The approved permit enables the Stelters to legally conduct their piano instruction business from their home while ensuring compliance with local zoning regulations and maintaining the residential character of the neighborhood.

Conditional Use Permit for Nishann Sandhu

30:00

The board reviewed application PLN-BOA-18-00062, a conditional use permit request submitted by Nishann Sandhu to operate a home-based health coaching business.

Sandhu presented her proposal to the board, seeking permission to conduct health coaching services from her residence. The application involved establishing a home-based business that would provide health and wellness coaching to clients.

Staff presented their analysis of the application and recommended approval of the conditional use permit. The staff recommendation included specific conditions that would need to be met for the permit to remain valid, though the specific conditions were not detailed in the available materials.

The board discussed the proposal and considered the staff recommendation. No significant concerns or objections were raised during the deliberation process.

Following the presentation and discussion, the board voted to approve the conditional use permit for Nishann Sandhu's home-based health coaching business, accepting the staff's recommended conditions.

Variance for Barbara Foley

40:00

The board considered agenda item PLN-BOA-18-00059, a variance request submitted by Barbara Foley to reduce the required setback for additional paved parking on her property.

Barbara Foley presented her request to the board, seeking approval to install additional paved parking with reduced setback requirements from what is typically mandated by local zoning regulations.

Staff presented their analysis of the variance request and recommended approval, contingent upon specific conditions being met. The staff report indicated that the proposed variance met the necessary criteria for approval under the applicable zoning ordinances.

The board discussed the merits of Foley's request, reviewing the staff recommendations and any relevant factors related to the setback reduction for the parking area.

Following their deliberation, the board voted to approve the variance request for Barbara Foley. The approval was granted with the conditions outlined in the staff recommendation, allowing her to proceed with the additional paved parking at the reduced setback distance.

The approved variance enables Foley to move forward with her parking improvements while maintaining compliance with the modified setback requirements as specified in the board's decision.

Conditional Use Permit for Harmony Day Montessori School

50:00

The board reviewed application PLN-BOA-18-00064, a conditional use permit request from Harmony Day Montessori School to establish a pre-school program. Michelle Walker-Campbell served as a key speaker during the discussion of this agenda item.

Staff presented their analysis of the proposed Montessori school and recommended approval of the conditional use permit, subject to specific conditions. The application sought authorization to operate a pre-school program at the designated location.

During the discussion, board members reviewed the staff report and considered the merits of the application. The conditional use permit process allows the board to evaluate whether the proposed use is appropriate for the location and compatible with surrounding land uses.

The board ultimately approved the conditional use permit for Harmony Day Montessori School. The approval included the conditions recommended by staff, which typically address operational requirements such as hours of operation, enrollment limits, parking provisions, and other measures designed to ensure the school operates in a manner consistent with community standards and zoning requirements.

This approval allows Harmony Day Montessori School to move forward with establishing their pre-school program at the proposed location, subject to compliance with the specified conditions of approval.

Conditional Use Permit for Frank's Donuts, LLC

60:00

The board considered application PLN-BOA-18-00057, a conditional use permit request from Frank's Donuts, LLC for a drive-through facility. Key speakers during the discussion included Antonio Gill Carranza and Jack Stewart.

The applicant had submitted the conditional use permit application to operate a drive-through service at their proposed donut shop location. However, during the proceedings, it became apparent that there were unresolved concerns from the surrounding neighborhood regarding the proposed development.

Rather than proceeding with the hearing, Frank's Donuts, LLC requested a continuance to allow additional time to address the neighborhood concerns that had been raised. The specific nature of these concerns was not detailed in the available materials, but the applicant indicated they wanted to work with community members to resolve any issues before moving forward with the permit process.

The board agreed to postpone consideration of the conditional use permit application. This continuance will provide Frank's Donuts, LLC with the opportunity to engage with neighbors, address their concerns, and potentially modify their proposal if necessary before returning to the board for review.

The postponement means the conditional use permit application will be rescheduled for a future meeting date, allowing the applicant time to conduct additional community outreach and make any necessary adjustments to their drive-through facility plans based on neighborhood feedback.

Conditional Use Permit for Veronica Joseph

70:00

The Board of Adjustment reviewed application PLN-BOA-18-00060, a conditional use permit request from Veronica Joseph to operate a family childcare facility for up to 12 children.

Applicant Presentation Veronica Joseph presented her request to establish the childcare operation. The specific details of her presentation regarding the proposed facility location, hours of operation, and childcare services were discussed during the meeting.

Staff Recommendation Steve Wides provided the staff analysis and recommendation. Staff recommended approval of the conditional use permit, subject to specific conditions that would govern the operation of the family childcare facility.

Board Discussion The Board of Adjustment reviewed the application materials and staff report. The discussion covered the proposed childcare operation's compliance with zoning requirements and any potential impacts on the surrounding neighborhood.

Decision The Board of Adjustment approved the conditional use permit for Veronica Joseph's family childcare operation. The approval allows her to operate a facility serving up to 12 children, subject to the conditions outlined in the staff recommendation.

The approved permit enables Joseph to move forward with establishing her family childcare business in accordance with the specified operational parameters and regulatory requirements.

Conditional Use Permit for Element Design

80:00

The board reviewed application PLN-BOA-18-00063, a conditional use permit request from Element Design to construct a parking lot. Katerina Molina served as the key speaker for this agenda item.

Staff presented their analysis of the Element Design proposal and recommended approval of the conditional use permit with specific conditions attached. The discussion focused on the technical and regulatory aspects of the proposed parking lot construction project.

Following the staff presentation and board discussion, the conditional use permit for Element Design was approved. The approval included the conditions recommended by staff as part of their favorable recommendation.

The board's decision allows Element Design to proceed with their parking lot construction project under the terms and conditions established through the conditional use permit process.