Board of Adjustment

Summary

Meeting Overview

The Board of Adjustment convened on December 10, 2018, at 1:00 PM in the Council Chambers at 200 East Main Street in Lexington, Kentucky, with the Chair presiding. The board addressed eight agenda items during the session, including variance requests, conditional use permits, and administrative appeals from various applicants ranging from individual property owners to businesses and healthcare facilities. The board took nine votes throughout the meeting and heard two public comments from attendees. Of the eight matters considered, the board approved five items, denied two outright, and rendered a mixed decision on one case involving Baptist Hospitals Inc. The approved items included variance requests by David King and Jeffrey and Katherine Wiseman, conditional use permits for A & M Hamburg, LLC and City Towing Services, and an administrative appeal by Custom Sign & Engineering, Inc., while variance requests by Ruth Marie Davis and Martin's Peterbilt were denied.

Attendance

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

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

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

Votes and Decisions

The board conducted nine roll call votes during the December 10, 2018 meeting.

Minutes Approval 0:30 Chad Needham motioned to approve the November 12, 2018 meeting minutes, seconded by Thomas Glover. The motion passed 6-0 with one abstention. Voting in favor: Branden Gross, Jan Meyer, Raquel Carter, Harry Clarke, Thomas Glover, and Joan Whitman.

PLN-BOA-18-00073 10:00 Thomas Glover motioned to approve Ruth Marie Davis's variance request to reduce the required front setback from 6 feet to 0 feet, seconded by Raquel Carter. The motion failed 1-6. Only Harry Clarke voted in favor, while Branden Gross, Jan Meyer, Raquel Carter, Thomas Glover, Chad Needham, and Joan Whitman voted against.

PLN-BOA-18-00072 20:00 Chad Needham motioned to approve David King's variance request to reduce the required front yard from 20 feet to 6 feet, seconded by Thomas Glover. The motion passed unanimously 7-0 with conditions requiring construction according to a revised site plan and obtaining necessary permits.

PLN-BOA-18-00078 30:00 Harry Clarke motioned to approve Jeffrey and Katherine Wiseman's variance request for parking spaces and fence height, seconded by Jan Meyer. The motion passed unanimously 7-0 with conditions for installation according to submitted materials and permit requirements.

PLN-BOA-18-00076 40:00 Raquel Carter motioned to approve A & M Hamburg, LLC's conditional use permit for a bank and coffee shop with drive-through facilities, seconded by Joan Whitman. The motion passed unanimously 7-0 with extensive conditions regarding construction, permits, and traffic engineering approval.

PLN-BOA-18-00077 50:00 Chad Needham motioned to approve City Towing Services' conditional use permit for a towing and impound lot, seconded by Thomas Glover. The motion passed unanimously 7-0 with detailed conditions for fencing, lighting, and vehicle storage requirements.

PLN-BOA-18-00074 60:00 Harry Clarke motioned to approve Custom Sign & Engineering, Inc.'s administrative appeal to transfer wall signage to canopy signs, seconded by Jan Meyer. The motion passed unanimously 7-0 with permit requirements.

PLN-BOA-18-00075 (Administrative Appeal) 70:00 Raquel Carter motioned to approve Baptist Hospitals Inc.'s administrative appeal to transfer wall signage, seconded by Thomas Glover. The motion passed unanimously 7-0 with height and setback restrictions.

PLN-BOA-18-00075 (Variance Request) 80:00 Jan Meyer motioned to approve Baptist Hospitals Inc.'s variance request to increase allowable height of two free-standing signs, seconded by Harry Clarke. The motion failed 5-2, falling short of the required supermajority. Voting in favor: Branden Gross, Jan Meyer, Raquel Carter, Harry Clarke, and Joan Whitman. Voting against: Thomas Glover and Chad Needham.

Public Comment

Two public comments were received during the December 10, 2018 meeting, both from Amy Clark addressing separate variance requests.

David King Variance Request

25:00 Amy Clark spoke regarding the variance request submitted by David King. Clark expressed specific concerns about preserving existing trees in the back yard of the property. She suggested that instead of impacting the rear yard vegetation, the front yard dimensions should be shortened as an alternative approach to accommodate the variance request.

Martin's Peterbilt Variance Request

90:00 Amy Clark returned to address a second variance request, this time concerning Martin's Peterbilt. Speaking on behalf of the Fayette County neighborhood council, Clark expressed the organization's concerns regarding the company's request for a variance to install an 8-foot tall fence. The neighborhood council's specific objections to the proposed fence height were not detailed in the available summary, but Clark served as the official representative voicing the community group's position on this matter.

Both comments focused on development and zoning issues affecting the local community, with Clark serving as an advocate for neighborhood interests in the variance review process.

Contested Items

The December 10, 2018 meeting featured two variance requests that generated significant debate and opposition.

Ruth Marie Davis Variance Request

The board faced a split vote on a variance request submitted by Ruth Marie Davis regarding additional parking spaces. The primary concern among board members centered on the potential precedent this approval might set for future similar requests. While specific vote tallies were not provided in the available materials, the division among board members reflected differing views on balancing individual property needs against broader zoning consistency. The split nature of the vote indicates this was not a straightforward decision, with valid arguments presented on multiple sides of the issue.

Martin's Peterbilt Variance Request

Martin's Peterbilt's request for an 8-foot tall fence encountered substantial community opposition during the meeting. Residents and community members expressed concerns that the proposed fence height would negatively impact the character of the surrounding neighborhood. The opposition focused on how the tall fence might alter the visual landscape and potentially affect property values or the overall aesthetic appeal of the area.

The community pushback on the Martin's Peterbilt request demonstrates the importance of neighborhood input in the variance approval process. When businesses seek modifications to standard zoning requirements, particularly those involving visible changes like fence height, community sentiment often plays a significant role in the board's deliberations.

Both contested items highlight the ongoing tension in zoning decisions between accommodating individual property owner needs and maintaining community standards. The variance process requires boards to weigh specific circumstances against established zoning principles while considering broader impacts on neighborhoods and precedent-setting implications for future requests.

*Note: Specific transcript timestamps were not available in the provided materials for this meeting.*

Variance request by David King

20:00

The board considered variance request PLN-BOA-18-00072 submitted by David King for the construction of a new single family residence. King requested three specific variances to reduce the required setbacks for his property: front yard setback, side street side yard setback, and side yard setback for a deep building.

Key speakers during the discussion included David King, the applicant, along with board members Branden Gross, Thomas Glover, and Chad Needham. The speakers presented the case for why the variances were necessary for the proposed single family home construction.

The board reviewed the specific dimensional requirements and the requested reductions to the standard setback distances. The discussion focused on the justification for allowing reduced setbacks from the typical zoning requirements for front yard, side street side yard, and side yard areas, particularly as they related to the deep building configuration of the proposed residence.

After consideration of the application and discussion among board members, the board voted to approve David King's variance request. The approval came with conditions, though the specific conditions were not detailed in the available materials.

The approval of PLN-BOA-18-00072 allows King to proceed with construction of the single family residence using the reduced setbacks rather than conforming to the standard zoning requirements for front yard, side street side yard, and side yard distances.

Variance request by Ruth Marie Davis

10:00

The board considered variance request PLN-BOA-18-00073 submitted by Ruth Marie Davis. Davis requested a variance to reduce the required front setback in order to accommodate additional paved parking on her property.

Key speakers during the discussion included Joseph Reckelhoff, Thomas Glover, and Chad Needham, who presented information and debated the merits of the variance request.

Following deliberation, the board voted to disapprove Davis's variance request. The specific concerns raised by board members and the detailed reasoning behind the denial were not captured in the available meeting materials, but the outcome was a clear rejection of the proposed setback reduction for the additional parking area.

The variance request was formally denied, meaning Davis will need to comply with the existing front setback requirements or explore alternative solutions for her parking needs.

Variance request by Jeffrey and Katherine Wiseman

30:00

The board reviewed application PLN-BOA-18-00078, a variance request submitted by Jeffrey and Katherine Wiseman. The applicants sought approval for two specific variances: an increase in the allowable number of parking spaces beyond the standard permitted amount and an increase in fence height above the typical zoning restrictions.

Katherine Wiseman presented the request to the board, explaining the circumstances that necessitated the variances for their property. The discussion involved input from board members Harry Clarke and Jan Meyer, who examined the merits of the application and considered how the requested variances would impact the surrounding area and comply with zoning objectives.

During the review process, board members evaluated whether the variance requests met the necessary criteria for approval, including considerations of hardship, practical difficulties, and compatibility with neighborhood character. The discussion addressed both the parking space increase and the fence height modification as separate but related components of the overall variance application.

Following their deliberation, the board voted to approve the Wiseman variance request. However, the approval came with specific conditions that the applicants must meet in implementing the approved variances. These conditions were designed to ensure that the granted variances would be implemented in a manner consistent with local zoning goals and community standards.

The approval of PLN-BOA-18-00078 allows Jeffrey and Katherine Wiseman to proceed with their plans for additional parking spaces and increased fence height, subject to compliance with the board-imposed conditions.

Conditional use permit for A & M Hamburg, LLC

40:00

The board reviewed application PLN-BOA-18-00076, a conditional use permit request from A & M Hamburg, LLC for a bank and coffee shop with drive-through facilities.

Key speakers during the discussion included Nick Nicholson, Mary Domigan, and Raquel Carter, who presented details about the proposed development and addressed board questions regarding the project's scope and operational requirements.

The application centered on establishing dual commercial uses - banking services and a coffee shop - both featuring drive-through capabilities at the proposed location. Board members examined various aspects of the proposal, including traffic flow patterns, site design considerations, and compliance with local zoning requirements for drive-through facilities.

Following the presentation and discussion of the project details, the board moved to approve the conditional use permit request. The approval came with specific conditions that the applicant must meet, though the exact nature of these conditions was not detailed in the available materials.

The board's decision represents approval for A & M Hamburg, LLC to proceed with their proposed bank and coffee shop development, subject to fulfilling the stipulated conditions. This dual-use commercial project will add both financial services and food service options with convenient drive-through access to the community once construction and permitting processes are completed.

Conditional use permit for City Towing Services

50:00

The board reviewed application PLN-BOA-18-00077, a conditional use permit request from City Towing Services to establish a towing and impound lot facility.

Key speakers during the discussion included Dana Winchester, Chad Needham, and Thomas Glover, who presented details about the proposed operation and addressed questions from board members.

The application sought approval for City Towing Services to operate a commercial towing and vehicle impound facility, which would require conditional use authorization under local zoning regulations. The discussion covered the operational aspects of the proposed business, including the scope of towing services and impound lot operations.

Following deliberation on the merits of the application and consideration of any conditions necessary to ensure compatibility with surrounding land uses, the board voted to approve the conditional use permit request. The approval included specific conditions that City Towing Services must meet in operating their facility.

The board's decision allows City Towing Services to move forward with establishing their towing and impound lot operations, subject to compliance with the conditions attached to the permit approval.

Administrative appeal by Custom Sign & Engineering, Inc.

60:00

The board considered case PLN-BOA-18-00074, an administrative appeal submitted by Custom Sign & Engineering, Inc. requesting to transfer existing wall signage to canopy signs.

Scott Elpers presented the case details to the board, explaining the company's request to relocate their current wall-mounted signage to a canopy configuration. The appeal sought approval for this signage transfer under the city's sign ordinance provisions.

Harry Clarke and Jan Meyer participated in the discussion, reviewing the technical aspects of the proposed signage transfer and its compliance with municipal sign regulations. The board examined whether the canopy sign placement would meet setback requirements, size limitations, and other relevant zoning standards.

During deliberations, board members evaluated the visual impact of the proposed canopy signs compared to the existing wall signage configuration. They considered factors including visibility, safety, and compatibility with the surrounding commercial district's aesthetic character.

The board ultimately approved Custom Sign & Engineering, Inc.'s administrative appeal request. However, the approval came with specific conditions that the company must satisfy before implementing the signage transfer. These conditions likely addressed technical compliance requirements, installation standards, or design modifications to ensure the canopy signs meet all applicable municipal regulations.

The approval allows Custom Sign & Engineering, Inc. to proceed with transferring their wall signage to the requested canopy configuration, subject to meeting the stipulated conditions and obtaining any necessary permits for the installation work.

Variance and administrative appeal by Baptist Hospitals Inc.

70:00

The board considered agenda item PLN-BOA-18-00075, a request from Baptist Hospitals Inc. involving both variance applications and an administrative appeal regarding signage regulations.

Baptist Hospitals Inc. submitted two separate requests: variances to increase the allowable height of signs beyond current zoning requirements, and an administrative appeal seeking to transfer existing wall signage from one location to another on their property.

Key speakers during the discussion included Skip Alexander, Raquel Carter, and Jan Meyer, who presented details about the hospital's signage needs and the regulatory framework governing the requests.

The board reached a split decision on the two components of Baptist Hospitals Inc.'s application. Members approved the administrative appeal portion, which allows the hospital to transfer wall signage as requested. This decision enables Baptist Hospitals Inc. to relocate existing signage to better serve their operational needs while remaining within established guidelines for transferred signage.

However, the board denied the variance request that would have permitted increased sign heights. The denial means Baptist Hospitals Inc. must comply with existing height restrictions for any new or modified signage on their property.

The mixed outcome reflects the board's approach to balancing the hospital's operational signage needs with maintaining consistency in zoning regulations. While the administrative appeal was deemed acceptable under current transfer provisions, the height variance request did not meet the criteria necessary for approval.

This decision affects Baptist Hospitals Inc.'s signage plans and requires the organization to redesign any proposed signage to conform with existing height limitations while allowing them to proceed with the approved signage transfer.

Variance request by Martin's Peterbilt

90:00

The Board of Appeals considered case PLN-BOA-18-00079, a variance request submitted by Martin's Peterbilt to increase the allowable height of a fence beyond current zoning regulations.

Key speakers during the discussion included Bruce Simpson, Matt Kerley, and Amy Clark, who presented various aspects of the proposal and raised concerns about the requested variance.

The specific details of the fence height increase sought by Martin's Peterbilt and the rationale for the variance were discussed during the proceedings. Board members evaluated the request against standard variance criteria, which typically include considerations of hardship, impact on neighboring properties, and compliance with the comprehensive plan.

Following deliberation, the Board of Appeals voted to disapprove the variance request. The denial means Martin's Peterbilt must comply with existing fence height restrictions in the applicable zoning district or pursue alternative solutions that conform to current regulations.

The case represents one of several variance requests considered by the board during this meeting, demonstrating the ongoing need for property owners to seek relief from zoning requirements while balancing community standards and neighboring property interests.