Board of Adjustment

Summary

Meeting Overview

The Board of Adjustment convened on January 14, 2019, at 1:30 PM in the Council Chambers at 200 East Main Street in Lexington, Kentucky, with Branden Gross presiding as the meeting officer. The board addressed five agenda items during the session, all of which were approved, including variance and conditional use appeals as well as an administrative review. The meeting featured active public participation with 11 public comments heard throughout the proceedings. The board conducted 5 formal votes during the session, demonstrating a productive meeting where all presented matters received favorable consideration and approval.

Attendance

The following members were present at the January 14, 2019 meeting:

• Branden Gross
• Jan Meyer
• Raquel Carter (arrived late)
• Harry Clarke
• Thomas Glover (arrived late)
• Chad Needham
• Joan Whitman

All scheduled members attended the meeting. Two members, Raquel Carter and Thomas Glover, arrived after the meeting had begun.

Votes and Decisions

The board considered five applications during the meeting, approving all items with varying levels of support.

PLN-BOA-18-00081 - Raquel Carter motioned to approve a variance to reduce the required swimming pool setback from 30 feet to 10 feet at 223 Glendover Road, seconded by Chad Needham. The motion passed unanimously 6-0, with all members voting in favor: Branden Gross, Jan Meyer, Raquel Carter, Harry Clarke, Chad Needham, and Joan Whitman. The approval requires the pool to be installed at a minimum 10-foot setback from the Glendover Road property line and obtaining all necessary building permits. 0:00

PLN-BOA-18-00080 - Chad Needham motioned to approve a conditional use permit for a farm gift shop at 3295 Spy Coast Lane, seconded by Joan Whitman. The motion passed unanimously 6-0 with the same voting members. Conditions include compliance with the submitted application and site plan, restrictions on signage, and obtaining all necessary permits including a Certificate of Occupancy. 0:00

PLN-BOA-18-00085 - Chad Needham motioned to approve a conditional use permit for a place of religious assembly and variance to reduce parking lot front setback from 20 feet to 10 feet, seconded by Joan Whitman. The motion passed unanimously 6-0 with all members supporting. 0:00

PLN-BOA-18-00082 - Jan Meyer motioned to approve an administrative appeal to change from a cocktail lounge to a florist use, seconded by Joan Whitman. The motion passed unanimously 6-0. 0:00

PLN-BOA-18-00083 - Thomas Glover motioned to approve conditional use permits for a plant nursery and zone extension, seconded by Raquel Carter. This motion passed 5-2 in a roll call vote. Voting in favor: Branden Gross, Raquel Carter, Harry Clarke, Thomas Glover, and Chad Needham. Voting against: Jan Meyer and Joan Whitman. Conditions include no retail operations and limited delivery hours. 0:00

Public Comment

0:00 Eleven residents spoke during the public comment period, all expressing concerns about a plant nursery operation in their neighborhood.

Traffic and Safety Concerns Multiple speakers raised traffic-related issues. William Woodward mentioned the impact of increased traffic and the presence of semi-trucks on Swigert Avenue. Kathy Plomin expressed concerns about traffic and its impact on the rural character of the area. Deborah Aminoff clarified that a mack truck presence was due to septic system replacement, not regular business operations.

Health and Environmental Issues Several residents voiced health concerns related to burning activities. Leonard Atkinson expressed concerns about the impact of burning on his and his son's asthma. Lucy Brooks, representing a trust, raised concerns about potential health risks from burning, as well as impacts on property values. Catherine Perkins discussed potential environmental issues affecting the neighborhood.

Business Operations and Zoning Residents questioned the nature of the business operations. Stephanie Bray expressed concerns that the operation functioned more as a landscaping business than a plant nursery, citing issues with burning, trash, and traffic. Susan Durant argued that the business was more commercial than agricultural in nature.

Neighborhood Impact Several speakers addressed broader neighborhood concerns. Donna Burklow raised issues about noise, safety, and the presence of strangers due to business operations. Bobby Bray expressed concerns about the business's impact on the neighborhood's character and environment. Carole Whalen voiced concerns about property maintenance, specifically regarding the condition of a barn and its impact on her property.

The public comments revealed consistent themes around traffic, health impacts from burning, questions about the business's agricultural versus commercial nature, and concerns about maintaining the rural character of the neighborhood.

Contested Items

The meeting included one contested item that generated significant community opposition.

Conditional Use Appeal - Michael Ecton

Michael Ecton's application for a plant nursery faced substantial opposition from community members during the proceedings. The primary concerns raised by residents centered on three key areas: potential traffic impacts, noise concerns, and environmental effects that the proposed nursery might have on the surrounding area.

Community members voiced their objections to the conditional use permit, expressing worries about increased vehicle traffic that could result from nursery operations. Residents also raised concerns about noise levels that might be generated by the business activities. Additionally, opponents cited potential environmental impacts as a significant factor in their opposition to the proposal.

The nature of the opposition indicates this was a community-driven challenge to the proposed land use, with multiple residents participating in the discussion of the application. The specific outcome of this contested item was not detailed in the available meeting materials, though the significant level of community engagement suggests this was a major point of discussion during the proceedings.

This type of conditional use appeal represents a common source of contention in local government meetings, where proposed commercial or industrial uses in residential or mixed-use areas often generate debate between applicants seeking to establish businesses and community members concerned about impacts on their neighborhoods.

Variance Appeal - Jeffrey & Katherine Wiseman

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The board considered a variance request from Jeffrey and Katherine Wiseman to reduce the required setback for a swimming pool from 30 feet to 10 feet. This agenda item III.C.1 involved a property-specific ordinance variance appeal.

Katherine Wiseman presented the request to the board, explaining the circumstances that necessitated the reduced setback requirement for their proposed swimming pool installation. The standard municipal ordinance requires swimming pools to be positioned at least 30 feet from property boundaries, but the Wisemans sought approval to place their pool with only a 10-foot setback.

Rick Rushing also participated in the discussion, though the specific nature of his involvement and role in the proceedings was not detailed in the available materials.

The variance request represents a significant reduction in the required setback distance - a 20-foot decrease from the standard 30-foot requirement. Such variance appeals typically require property owners to demonstrate hardship or unique circumstances that justify deviation from established zoning regulations.

The board ultimately approved the variance request, allowing the Wisemans to proceed with their swimming pool installation at the reduced 10-foot setback distance. This approval grants them relief from the standard 30-foot setback requirement that would otherwise apply to their property.

The successful outcome enables the Wisemans to move forward with their pool construction project under the modified setback parameters, having received the necessary municipal approval for the variance from standard zoning requirements.

Conditional Use Appeal - Spy Coast Farm Kentucky, LLC

0:00

The board considered agenda item III.D.1, a conditional use appeal from Spy Coast Farm Kentucky, LLC requesting a conditional use permit to operate a farm gift shop as an accessory use to their agricultural operation.

Sam Carneal served as the key speaker for this agenda item, presenting the details of the conditional use request to the board members.

The application sought approval for Spy Coast Farm Kentucky, LLC to establish and operate a farm gift shop on their property as an accessory use to complement their existing farming activities. This type of conditional use permit would allow the farm to diversify their operations by adding retail sales of farm-related products and gifts while maintaining their primary agricultural function.

Following the presentation and any discussion among board members, the conditional use appeal was approved. The approval allows Spy Coast Farm Kentucky, LLC to proceed with their plans to operate the farm gift shop as an accessory use to their agricultural operation, subject to any conditions or requirements that may have been established as part of the conditional use permit process.

The approval of this conditional use permit represents a common type of agricultural diversification that allows working farms to supplement their income through complementary retail activities while preserving the agricultural character of the property.

Conditional Use Appeal - Roman Catholic Bishop Diocese

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The City Council considered agenda item III.D.3, a conditional use appeal submitted by the Roman Catholic Bishop Diocese. The request involved two components: a conditional use permit for establishing a place of religious assembly and a variance to reduce the required front setback for an associated parking lot.

Father Norman Fisher and Fred Eastridge served as key speakers representing the Diocese during the presentation and discussion of this matter.

The proposal centered on the Diocese's need to establish religious assembly facilities while addressing practical considerations related to parking requirements. The variance request specifically sought to reduce the standard front setback requirements for the parking lot, which would allow for more efficient use of the available property while maintaining adequate parking for congregants and visitors.

During the proceedings, the speakers presented their case for both the conditional use permit and the setback variance, outlining how the proposed religious assembly use would serve the community while addressing any potential concerns about the reduced parking lot setback.

The City Council ultimately approved both requests, granting the conditional use permit for the place of religious assembly and approving the variance to reduce the required front setback for the parking lot. This decision allows the Roman Catholic Bishop Diocese to proceed with their plans for the religious facility while accommodating the practical parking needs of the congregation within the modified setback parameters.

The approval represents the Council's support for the Diocese's community-serving mission while balancing land use considerations and parking requirements for the proposed religious assembly facility.

Administrative Review - Eckman Properties

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The City Council considered agenda item III.E.1, an administrative review for Eckman Properties requesting to change one non-conforming use to another non-conforming use. The proposal involved converting a cocktail lounge to a florist operation.

William Wood served as the key speaker for this agenda item, presenting the details of the proposed use change to the Council.

The request centered on allowing Eckman Properties to transition from operating a cocktail lounge, which was a non-conforming use under current zoning regulations, to establishing a florist business, which would also be considered a non-conforming use in the same location.

The Council reviewed the administrative aspects of this use change, examining how the proposed florist operation would function within the existing zoning framework and what implications the change might have for the property and surrounding area.

Following the presentation and discussion, the Council approved the administrative review for Eckman Properties. This approval allows the property owner to proceed with converting the former cocktail lounge space into a florist business, despite both uses being non-conforming under the current zoning designation.

The approval represents the Council's determination that the proposed change from one non-conforming use to another was acceptable and would not create additional zoning conflicts or community concerns beyond those that may have existed with the previous cocktail lounge operation.

Conditional Use Appeal - Michael Ecton

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The board considered agenda item III.D.2, a conditional use appeal submitted by Michael Ecton requesting permits to establish a plant nursery and extend regulations for the A-R (Agricultural-Residential) portion of his property.

Doug Martin and Michael Ecton served as the key speakers during the discussion of this conditional use request. The proposal involved establishing a commercial plant nursery operation on Ecton's property, which required conditional use approval due to the agricultural-residential zoning designation.

The request specifically sought to: - Obtain conditional use permits for operating a plant nursery business - Extend existing A-R zoning regulations to cover the applicable portion of the property

While the extracted data indicates this item was discussed at the beginning of the meeting, the specific details of the presentation, any concerns raised by board members, public comments, or conditions attached to the approval were not captured in the available materials.

The board ultimately approved Michael Ecton's conditional use appeal, allowing him to proceed with establishing the plant nursery operation under the requested regulatory framework. This approval enables Ecton to operate a commercial nursery business on his agriculturally-zoned property in compliance with local zoning requirements.

The approval of this conditional use permit represents the board's determination that the proposed plant nursery use is compatible with the surrounding agricultural-residential area and meets the necessary criteria for conditional use approval in this zoning district.