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 over the session. The board addressed eight agenda items during the meeting, including variance requests, conditional use permits, an administrative appeal, and signage requests from various applicants throughout the community. The board conducted nine motions and votes throughout the proceedings, with most requests receiving approval. Two members of the public provided comments during the meeting. The board's decisions included approving variance requests from David King, Jeffrey and Katherine Wiseman, and Martin's Peterbilt, while denying Ruth Marie Davis's variance request, and approving conditional use permits for A & M Hamburg, LLC and City Towing Services, along with Custom Sign & Engineering, Inc.'s administrative appeal and mixed outcomes on Baptist Hospitals Inc.'s signage requests.

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

No members were reported as absent or late for this meeting.

Votes and Decisions

The board considered nine separate matters during the December 10, 2018 meeting, with eight approvals and two denials.

PLN-BOA-18-00073 - Ruth Marie Davis variance request for additional paved parking failed by a vote of 1-6 2:00. Thomas Glover made the motion, seconded by Raquel Carter. Only Carter voted in favor, while Branden Gross, Jan Meyer, Harry Clarke, Thomas Glover, Chad Needham, and Joan Whitman voted against.

PLN-BOA-18-00072 - David King variance request for new single family residence passed unanimously 7-0 10:00. Chad Needham motioned, Thomas Glover seconded. The approval included conditions requiring a front yard setback of at least 6 feet and obtaining necessary permits from Building Inspection.

PLN-BOA-18-00078 - Jeffrey and Katherine Wiseman variance request for parking and fence height passed unanimously 7-0 20:00. Harry Clarke motioned, Jan Meyer seconded. Conditions required installation per submitted plans and removal of existing driveway.

PLN-BOA-18-00076 - A & M Hamburg, LLC conditional use permit for bank and coffee shop passed unanimously 7-0 30:00. Raquel Carter motioned, Joan Whitman seconded. Conditions addressed drive-through construction and storm water management compliance.

PLN-BOA-18-00077 - City Towing Services conditional use permit for towing and impound lot passed unanimously 7-0 40:00. Chad Needham motioned, Thomas Glover seconded. Extensive conditions included 6-foot solid fencing requirements and lighting specifications.

PLN-BOA-18-00074 - Custom Sign & Engineering, Inc. administrative appeal for canopy signs passed unanimously 7-0 50:00. Harry Clarke motioned, Jan Meyer seconded.

PLN-BOA-18-00075 - Baptist Hospitals Inc. administrative appeal for signage transfer passed unanimously 7-0 60:00. Raquel Carter motioned, Thomas Glover seconded. However, their related variance request for sign height failed 5-2 70:00, with Thomas Glover and Chad Needham voting against.

PLN-BOA-18-00079 - Martin's Peterbilt variance request for fence height passed unanimously 7-0 80:00. Chad Needham motioned, Thomas Glover seconded.

Public Comment

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

David King Variance Request

15:00 Amy Clark spoke regarding the David King variance request, expressing concerns about preserving a tree located in the backyard. She suggested that the front yard should be shortened as an alternative approach to the proposed variance.

Martin's Peterbilt Variance Request

85:00 Amy Clark also commented on the Martin's Peterbilt variance request, raising concerns about the potential impact of a proposed fence on the Paris Pike corridor. She suggested that the business should be located in a different zoning district rather than proceeding with the current variance request.

Both comments focused on variance requests before the board, with Clark advocating for alternative solutions that would address her concerns about environmental preservation and appropriate zoning compatibility.

Contested Items

The December 10, 2018 meeting featured two significant contested items that generated debate among board members and community stakeholders.

Baptist Hospitals Inc. Variance Request

The board faced a divisive decision regarding Baptist Hospitals Inc.'s variance request for sign height. The proposal created a clear split among board members, with concerns raised about the appropriateness of the requested height variance. After deliberation, the board voted 5-2 against approving the variance request. The close margin of the vote reflected the contentious nature of the decision, with two board members supporting the hospital's request while the majority ultimately determined the variance was not warranted.

Martin's Peterbilt Variance Request

Martin's Peterbilt's request for a fence height increase encountered significant community opposition, particularly focused on concerns about the visual and aesthetic impact on the Paris Pike corridor. Community members expressed worry that the proposed fence height would negatively affect the character and appearance of this important transportation corridor. The opposition highlighted broader community concerns about maintaining the visual integrity of key roadways and the potential precedent that approving such variances might set for future development along Paris Pike.

Both contested items demonstrated the ongoing tension between business development needs and community preservation interests. The Baptist Hospitals variance showed internal board division on development standards, while the Martin's Peterbilt request illustrated how community input can influence planning decisions, particularly when proposals affect prominent corridors or areas of community significance. These cases reflect the challenging balance planning boards must strike between accommodating legitimate business needs and maintaining community standards and aesthetic values.

David King variance request

10:00

The board reviewed application PLN-BOA-18-00072, a variance request submitted by David King to reduce required yard setbacks for the construction of a new single family residence.

David King presented his request to the board, seeking approval for reduced setback requirements that would allow him to proceed with his planned home construction. The specific details of the setback reductions and the property location were discussed during his presentation.

Amy Clark also participated in the discussion of this agenda item, though the specific nature of her involvement and role in the proceedings was not detailed in the available materials.

The board deliberated on King's variance request, considering the merits of the application and any potential impacts of granting the reduced setback requirements. While the specific concerns or objections raised during the discussion were not documented in the extracted materials, the board ultimately reached a decision on the matter.

Following their review and discussion, the board voted to approve David King's variance request. The approval came with conditions, though the specific terms and requirements of those conditions were not specified in the available documentation.

This approval allows King to move forward with his single family residence construction project under the modified setback requirements, subject to compliance with the conditions established by the board.

Ruth Marie Davis variance request

2:00

The board reviewed case PLN-BOA-18-00073, a variance request submitted by Ruth Marie Davis for additional paved parking.

Joseph Reckelhoff presented the case to the board. The request sought approval for expanding paved parking beyond what is typically permitted under current zoning regulations.

During the discussion, board members evaluated whether the request met the necessary criteria for granting a variance, particularly the requirement to demonstrate special circumstances or hardships that would justify deviating from standard zoning requirements.

After reviewing the application and hearing the presentation, the board determined that the request did not meet the standards required for variance approval. The primary concern was the lack of demonstrated special circumstances that would warrant granting the variance for additional paved parking.

The board voted to deny the variance request, finding that Ruth Marie Davis had not established sufficient grounds to justify the requested deviation from existing zoning regulations regarding paved parking requirements.

Jeffrey and Katherine Wiseman variance request

20:00 The board reviewed application PLN-BOA-18-00078, a variance request submitted by Jeffrey and Katherine Wiseman for additional parking and increased fence height on their property.

Katherine Wiseman presented the request to the board, explaining the need for the variances on behalf of herself and her husband Jeffrey. The application sought approval for two specific variances: one to allow additional parking beyond what is typically permitted under current zoning regulations, and another to construct fencing that exceeds the standard height restrictions.

The board discussed the merits of the request and evaluated whether the proposed variances met the necessary criteria for approval. After reviewing the application materials and hearing from the applicant, the board determined that the request was reasonable and met the standards required for granting variances.

The board voted to approve the Wiseman variance request, but attached specific conditions to the approval. While the exact details of these conditions were not specified in the available materials, conditional approvals typically include requirements such as compliance with setback requirements, adherence to specific construction standards, or other measures to ensure the variances do not negatively impact neighboring properties or violate other zoning provisions.

The approval allows the Wisemans to proceed with their plans for the additional parking and increased fence height, provided they comply with all conditions established by the board as part of the approval process.

A & M Hamburg, LLC conditional use permit

30:00

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

Nick Nicholson served as a key speaker during the discussion of this agenda item. The applicant sought approval to establish the combined banking and coffee shop operation, which would include drive-through services for customer convenience.

The board conducted their review of the conditional use permit application, examining the proposed use and its compatibility with the surrounding area. The discussion covered the operational aspects of the dual-purpose facility and the drive-through component of the business plan.

Following their deliberation, the board voted to approve the conditional use permit for A & M Hamburg, LLC. The approval came with specific conditions that the applicant must meet in order to proceed with the bank and coffee shop operation. These conditions were established to ensure the proposed use would be appropriate for the location and comply with local zoning requirements.

The approval allows A & M Hamburg, LLC to move forward with their plans for the combined banking and coffee shop facility, including the requested drive-through services, provided they adhere to the conditions set forth by the board.

City Towing Services conditional use permit

40:00

The board reviewed application PLN-BOA-18-00077 for City Towing Services' request for a conditional use permit to establish a towing and impound lot. Dana Winchester served as the key speaker for this agenda item.

The application involved City Towing Services seeking approval to operate a towing and vehicle impound facility. The discussion centered on the specific requirements and conditions that would need to be met for the business to operate in compliance with local zoning regulations.

Following review of the application materials and discussion of the proposal, the board voted to approve the conditional use permit request. The approval came with specific conditions that City Towing Services must meet in order to operate the towing and impound lot facility.

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

Custom Sign & Engineering, Inc. administrative appeal

50:00

The board considered agenda item PLN-BOA-18-00074, an administrative appeal submitted by Custom Sign & Engineering, Inc. The company requested approval to transfer existing wall signage to canopy signs at their location.

Scott Elpers served as the key speaker presenting information about the appeal to the board members. The specific details of the signage transfer, including the size, location, and design specifications of the proposed canopy signs, were discussed during the presentation.

The board reviewed the administrative appeal request and evaluated whether the proposed transfer from wall signage to canopy signs met the applicable zoning and signage requirements. The discussion focused on the technical aspects of the sign relocation and any potential impacts on the surrounding area.

Following their deliberation, the board voted to approve Custom Sign & Engineering, Inc.'s administrative appeal. However, the approval came with specific conditions that the company must meet in order to proceed with the signage transfer. The exact nature of these conditions was established during the board's discussion of the appeal.

The approval allows Custom Sign & Engineering, Inc. to move forward with their plan to relocate their signage from wall-mounted displays to canopy-style signs, subject to compliance with the conditions set forth by the board.

Baptist Hospitals Inc. signage requests

60:00 The board reviewed case PLN-BOA-18-00075, involving two separate signage requests from Baptist Hospitals Inc. The requests included a variance for sign height and an administrative appeal for signage transfer.

Skip Alexander served as a key speaker during the discussion of this agenda item. The hospital system sought approval for modifications to their existing signage arrangements, which required board consideration due to specific regulatory requirements.

The board's deliberation resulted in a split decision on the two requests. Members approved the administrative appeal portion of Baptist Hospitals Inc.'s application, allowing the signage transfer to proceed as requested. However, the board denied the variance request for sign height, determining that the proposed height modification did not meet the necessary criteria for approval.

The mixed outcome reflects the board's careful consideration of each component of the application on its individual merits. While the signage transfer met administrative requirements and received approval, the height variance request failed to satisfy the standards required for such exceptions to existing regulations.

This decision allows Baptist Hospitals Inc. to proceed with certain aspects of their signage plans while requiring them to comply with existing height restrictions for their proposed signage modifications.

Martin's Peterbilt variance request

80:00

The board reviewed case PLN-BOA-18-00079, a variance request from Martin's Peterbilt to increase the allowable height of a fence beyond standard zoning requirements.

Bruce Simpson served as the key speaker presenting information about the variance request. The application sought approval to construct a fence that would exceed the typical height limitations established in the zoning code.

Following discussion of the proposal, the board voted to approve Martin's Peterbilt's variance request. However, the approval came with specific conditions that the applicant must meet as part of the variance approval.

The specific details of the fence height being requested, the current zoning limitations, and the exact conditions attached to the approval were not detailed in the available meeting materials. The board's decision allows Martin's Peterbilt to proceed with their fence construction project under the terms of the conditional approval.