Board of Adjustment

Summary

Meeting Overview

The Urban County Board of Adjustment convened on October 8, 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 seven agenda items during the session, including multiple variance requests and conditional use permits for various development projects throughout the county. The board took eight votes on the matters before them and heard six public comments from community members regarding the proposed projects. Of the seven items considered, five were approved, one was tabled for future consideration, and one administrative appeal was denied, demonstrating active deliberation on zoning and development issues affecting the Lexington-Fayette County community.

Attendance

The following members were present at the meeting on October 8, 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 took action on eight items during the October 8, 2018 meeting.

Minutes Approval 0:00 Thomas Glover motioned to approve the minutes of the September 10, 2018 meeting, seconded by Harry Clarke. The motion passed unanimously 7-0 with all members voting in favor: Branden Gross, Jan Meyer, Raquel Carter, Chad Needham, Harry Clarke, Thomas Glover, and Joan Whitman.

PLN-BOA-18-00065 10:00 Harry Clarke motioned for a variance to reduce the required setback of a 6-foot tall fence, seconded by Joan Whitman. The motion passed 6-1 by roll call vote. Voting in favor: Branden Gross, Jan Meyer, Raquel Carter, Chad Needham, Harry Clarke, and Joan Whitman. Thomas Glover voted against. The approval includes the condition that the applicant shall submit corrected drawings within 30 days.

PLN-BOA-18-00068 20:00 Thomas Glover motioned for a variance to reduce the required side yard setback for a four-plex, seconded by Jan Meyer. The motion passed unanimously 7-0. The approval requires that the four-plex shall be constructed in accordance with the submitted application materials and site plan.

PLN-BOA-18-00071 30:00 Thomas Glover motioned for a conditional use permit to operate a funeral home, seconded by Harry Clarke. The motion passed 6-1 by roll call vote. Voting in favor: Branden Gross, Jan Meyer, Raquel Carter, Chad Needham, Harry Clarke, and Thomas Glover. Joan Whitman voted against. The approval includes the condition that no embalming shall occur on the subject property.

PLN-BOA-18-00057 40:00 Raquel Carter motioned for a conditional use permit for a drive-through facility at Frank's Donuts, seconded by Joan Whitman. The motion passed 4-3 by roll call vote. Voting in favor: Branden Gross, Raquel Carter, Harry Clarke, and Joan Whitman. Voting against: Jan Meyer, Chad Needham, and Thomas Glover. The approval requires that there shall be no access on Grinstead, with entry and exit points on East Third Street only.

PLN-BOA-18-00066 50:00 Thomas Glover motioned to postpone the conditional use permit to expand a church parking lot, seconded by Jan Meyer. The postponement was approved unanimously 6-0.

PLN-BOA-18-00070 60:00 Chad Needham motioned for a conditional use permit for a drive-through accessory to a convenience store, seconded by Harry Clarke. The motion passed 4-2 by roll call vote. Voting in favor: Branden Gross, Raquel Carter, Harry Clarke, and Chad Needham. Voting against: Jan Meyer and Thomas Glover. The approval requires the applicant to maintain landscaped screening near the rear property line.

PLN-BOA-18-00067 70:00 Thomas Glover motioned on an administrative appeal to increase the allowable size of an accessory structure, seconded by Harry Clarke. The motion failed unanimously 0-6, with all present members voting against: Branden Gross, Jan Meyer, Raquel Carter, Chad Needham, Harry Clarke, and Thomas Glover.

Public Comment

Six community members addressed the board during the public comment period, with most comments focusing on proposed drive-through establishments in the neighborhood.

Thomas Tolliver 90:00 spoke in support of Frank's Donuts, expressing strong support for the economic development the business would bring to the neighborhood.

Billie Mallory 95:00 opposed the Frank's Donuts drive-through proposal, citing concerns about traffic and safety issues. Mallory emphasized that the neighborhood has plans to become more walkable and bikeable, which would conflict with drive-through operations.

Angelia Drake 100:00 raised safety concerns specifically related to children who use Charles Young Park. Drake expressed worries about how the proposed drive-through would impact child safety in the area.

Amy Clark 105:00 presented opposition to the drive-through proposal through a PowerPoint presentation that detailed the potential impact on the neighborhood and its development plans.

James Brown 110:00 shared concerns about the drive-through's impact on the neighborhood while suggesting that if the proposal were to be approved, certain conditions should be attached to mitigate negative effects.

Rita Miller 120:00 addressed a different drive-through proposal at Clark's Central, expressing opposition based on concerns about alcohol sales through the drive-through and the potential impact on neighborhood safety.

The public comments revealed a clear division in community opinion, with one speaker supporting economic development opportunities while five others raised various concerns about drive-through operations, including traffic safety, pedestrian accessibility, child safety, and alcohol sales policies.

Appointments

The meeting included one appointment action during the session.

Richard Weber was reappointed to the Landscape Review Committee. The reappointment was processed as part of the meeting's administrative business.

No additional details about the term length or specific responsibilities were provided in the available meeting materials for this appointment action.

Contested Items

Two drive-through proposals generated significant community opposition during the October 8, 2018 meeting.

Frank's Donuts Drive-Through

The proposed drive-through addition at Frank's Donuts faced resistance from several community members who attended the meeting. Residents expressed concerns primarily focused on traffic and safety issues that could result from the new drive-through service. The community members worried about how the additional vehicle traffic would impact the surrounding area and whether adequate safety measures were in place to protect pedestrians and other drivers.

Clark's Central Drive-Through

A second drive-through proposal at Clark's Central also drew community opposition, though for different reasons. The primary concern raised by residents centered on the establishment's plan to sell alcohol through the drive-through service. Community members questioned whether allowing drive-through alcohol sales would negatively impact neighborhood safety and expressed worries about the potential consequences of making alcoholic beverages more readily accessible through this service model.

Both contested items highlight community engagement in local business development decisions, with residents actively participating in the public process to voice their concerns about how these commercial changes might affect their neighborhoods. The opposition in both cases focused on safety-related issues, though the specific nature of the safety concerns differed between the two proposals - traffic safety for Frank's Donuts and public safety related to alcohol accessibility for Clark's Central.

*Note: Specific timestamp information and final outcomes for these contested items were not available in the provided meeting data.*

Variance for Fence Setback

The Board of Adjustment considered agenda item PLN-BOA-18-00065, a request for a variance to reduce the required setback of a 6-foot tall fence in a side street side yard 10:00.

Matthew Stinnett served as the key speaker for this variance request, which sought to allow construction of a 6-foot tall fence with reduced setback requirements from what is typically mandated in side street side yard areas.

The application requested relief from standard zoning ordinance provisions that establish minimum setback distances for fences of this height when located adjacent to side streets. The variance would permit the fence to be constructed closer to the property line than normally allowed under current regulations.

Following presentation and discussion of the variance request, the Board of Adjustment approved PLN-BOA-18-00065. The approval allows the applicant to proceed with installation of the 6-foot tall fence with the reduced setback as requested.

*Note: Limited transcript details were available for this agenda item. The summary is based on the structured meeting data and agenda information provided.*

Variance for Four-Plex Construction

The Board of Adjustment considered agenda item PLN-BOA-18-00068, a request for a variance to reduce the required side yard setback for four-plex construction 20:00.

The variance application sought to modify standard setback requirements to accommodate the proposed four-unit residential development. Key speakers during the discussion included Taylor Steele and David Jones, who presented details about the project and addressed questions from board members.

The applicant requested relief from the standard side yard setback requirements, which would otherwise prevent the construction of the four-plex as designed. The discussion centered on the specific setback reduction needed and how this variance would impact the surrounding neighborhood and comply with local zoning regulations.

Board members evaluated the request against the standard criteria for variance approval, including whether the application demonstrated practical difficulties, whether the variance would alter the essential character of the neighborhood, and if the request was the minimum necessary to address the hardship.

Following deliberation on the merits of the application and consideration of the evidence presented, the Board of Adjustment approved the variance request. This decision allows the applicant to proceed with construction of the four-plex with the reduced side yard setback as requested in PLN-BOA-18-00068.

The approval enables the development to move forward while maintaining compliance with modified setback requirements that the board determined were appropriate for this specific property and situation.

Conditional Use Permit for Funeral Home

The board considered agenda item PLN-BOA-18-00071, a request for a conditional use permit to operate a funeral home in conjunction with a place of religious assembly 30:00.

Jacob Walbourn served as the key speaker for this agenda item, presenting the proposal to the board. The application sought approval to establish funeral home operations alongside an existing religious assembly facility.

The request represented a dual-use proposal that would allow the property to serve both religious and funeral service functions. This type of combined use requires special consideration under local zoning regulations, as funeral homes typically require conditional use permits due to their specialized nature and potential community impacts.

The board reviewed the application and considered the compatibility of funeral home operations with the existing religious assembly use. Such combinations are not uncommon, as many religious organizations seek to provide comprehensive services to their congregations and communities.

Following their deliberation, the board approved the conditional use permit request. The approval allows the applicant to proceed with operating the funeral home in conjunction with the place of religious assembly, subject to any conditions that may have been established as part of the permit approval process.

The successful outcome enables the dual-use facility to serve both religious and funeral service needs within the community, providing expanded services while maintaining compliance with local zoning requirements.

Conditional Use Permit for Drive-Through at Frank's Donuts

40:00

The Board of Adjustment considered agenda item PLN-BOA-18-00057, a request for a conditional use permit to allow a drive-through facility at Frank's Donuts.

Antonio Carranza served as a key speaker during the discussion of this agenda item. The application sought approval for the installation of drive-through service at the existing Frank's Donuts location.

The Board of Adjustment approved the conditional use permit for the drive-through facility at Frank's Donuts. The approval allows the business to proceed with adding drive-through service to their current operations.

Conditional Use Permit for Drive-Through at Clark's Central

60:00

The board considered agenda item PLN-BOA-18-00070, a request for a conditional use permit to allow a drive-through accessory to a convenience store at Clark's Central.

Doug Martin presented the application on behalf of the project. The request sought approval for adding drive-through service capabilities to an existing convenience store operation.

The conditional use permit process was required because drive-through facilities are considered accessory uses that need special approval in the applicable zoning district. The drive-through would serve as a convenience feature for customers of the existing store, allowing them to make purchases without entering the building.

The board reviewed the application materials and considered the proposal's compliance with local zoning requirements and conditional use permit standards. The discussion focused on the operational aspects of the proposed drive-through and its compatibility with the surrounding area.

Following their review and discussion of the application, the board voted to approve the conditional use permit for the drive-through facility at Clark's Central. The approval allows the convenience store to move forward with implementing the drive-through service as an accessory use to their primary retail operation.

The approved permit enables Clark's Central to enhance their customer service offerings while maintaining compliance with local land use regulations governing drive-through facilities in the area.

Administrative Appeal for Accessory Structure Size

70:00

The board considered agenda item PLN-BOA-18-00067, an administrative appeal requesting to increase the allowable size of an accessory structure. Joseph Hudson served as the key speaker for this item.

The request sought approval to exceed the standard size limitations for an accessory structure through the administrative appeal process. Hudson presented the case for why the increased size should be permitted for the proposed structure.

Following discussion and consideration of the appeal, the board ultimately denied the request. The denial means the accessory structure must comply with the existing size restrictions under current regulations, and the applicant cannot proceed with the larger structure as originally proposed.

The board's decision maintains the established size limitations for accessory structures in the applicable zoning district.